Terrorism Act 2000each House of Parliament under section 123(5)(b)), (c) a person has been convicted...

Status: This is the original version (as it was originally enacted).

Terrorism Act 20002000 CHAPTER 11

An Act to make provision about terrorism; and to make temporary provision forNorthern Ireland about the prosecution and punishment of certain offences, thepreservation of peace and the maintenance of order. [20th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of theLords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by theauthority of the same, as follows:—

PART I

INTRODUCTORY

1 Terrorism: interpretation

(1) In this Act “terrorism” means the use or threat of action where—(a) the action falls within subsection (2),(b) the use or threat is designed to influence the government or to intimidate the

public or a section of the public, and(c) the use or threat is made for the purpose of advancing a political, religious

or ideological cause.

(2) Action falls within this subsection if it—(a) involves serious violence against a person,(b) involves serious damage to property,(c) endangers a person’s life, other than that of the person committing the action,(d) creates a serious risk to the health or safety of the public or a section of the

public, or(e) is designed seriously to interfere with or seriously to disrupt an electronic

system.

2 Terrorism Act 2000 (c. 11)Part II – Proscribed OrganisationsDocument Generated: 2021-01-24


(3) The use or threat of action falling within subsection (2) which involves the use offirearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

(4) In this section—(a) “action” includes action outside the United Kingdom,(b) a reference to any person or to property is a reference to any person, or to

property, wherever situated,(c) a reference to the public includes a reference to the public of a country other

than the United Kingdom, and(d) “the government” means the government of the United Kingdom, of a Part of

the United Kingdom or of a country other than the United Kingdom.

(5) In this Act a reference to action taken for the purposes of terrorism includes a referenceto action taken for the benefit of a proscribed organisation.

2 Temporary legislation

(1) The following shall cease to have effect—(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, and(b) the Northern Ireland (Emergency Provisions) Act 1996.

(2) Schedule 1 (which preserves certain provisions of the 1996 Act, in some cases withamendment, for a transitional period) shall have effect.

PART II

PROSCRIBED ORGANISATIONS

Procedure

3 Proscription

(1) For the purposes of this Act an organisation is proscribed if—(a) it is listed in Schedule 2, or(b) it operates under the same name as an organisation listed in that Schedule.

(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 ifits entry is the subject of a note in that Schedule.

(3) The Secretary of State may by order—(a) add an organisation to Schedule 2;(b) remove an organisation from that Schedule;(c) amend that Schedule in some other way.

(4) The Secretary of State may exercise his power under subsection (3)(a) in respect ofan organisation only if he believes that it is concerned in terrorism.

(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it—(a) commits or participates in acts of terrorism,(b) prepares for terrorism,

Terrorism Act 2000 (c. 11)Part II – Proscribed OrganisationsDocument Generated: 2021-01-24

3


(c) promotes or encourages terrorism, or(d) is otherwise concerned in terrorism.

4 Deproscription: application

(1) An application may be made to the Secretary of State for the exercise of his powerunder section 3(3)(b) to remove an organisation from Schedule 2.

(2) An application may be made by—(a) the organisation, or(b) any person affected by the organisation’s proscription.

(3) The Secretary of State shall make regulations prescribing the procedure forapplications under this section.

(4) The regulations shall, in particular—(a) require the Secretary of State to determine an application within a specified

period of time, and(b) require an application to state the grounds on which it is made.

5 Deproscription: appeal

(1) There shall be a commission, to be known as the Proscribed Organisations AppealCommission.

(2) Where an application under section 4 has been refused, the applicant may appeal tothe Commission.

(3) The Commission shall allow an appeal against a refusal to deproscribe an organisationif it considers that the decision to refuse was flawed when considered in the light ofthe principles applicable on an application for judicial review.

(4) Where the Commission allows an appeal under this section by or in respect of anorganisation, it may make an order under this subsection.

(5) Where an order is made under subsection (4) the Secretary of State shall as soon asis reasonably practicable—

(a) lay before Parliament, in accordance with section 123(4), the draft of an orderunder section 3(3)(b) removing the organisation from the list in Schedule 2, or

(b) make an order removing the organisation from the list in Schedule 2 inpursuance of section 123(5).

(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.

6 Further appeal

(1) A party to an appeal under section 5 which the Proscribed Organisations AppealCommission has determined may bring a further appeal on a question of law to—

(a) the Court of Appeal, if the first appeal was heard in England and Wales,(b) the Court of Session, if the first appeal was heard in Scotland, or(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in

Northern Ireland.



(2) An appeal under subsection (1) may be brought only with the permission—(a) of the Commission, or(b) where the Commission refuses permission, of the court to which the appeal

would be brought.

(3) An order under section 5(4) shall not require the Secretary of State to take any actionuntil the final determination or disposal of an appeal under this section (including anyappeal to the House of Lords).

7 Appeal: effect on conviction, &c

(1) This section applies where—(a) an appeal under section 5 has been allowed in respect of an organisation,(b) an order has been made under section 3(3)(b) in respect of the organisation in

accordance with an order of the Commission under section 5(4) (and, if theorder was made in reliance on section 123(5), a resolution has been passed byeach House of Parliament under section 123(5)(b)),

(c) a person has been convicted of an offence in respect of the organisation underany of sections 11 to 13, 15 to 19 and 56, and

(d) the activity to which the charge referred took place on or after the date of therefusal to deproscribe against which the appeal under section 5 was brought.

(2) If the person mentioned in subsection (1)(c) was convicted on indictment—(a) he may appeal against the conviction to the Court of Appeal, and(b) the Court of Appeal shall allow the appeal.

(3) A person may appeal against a conviction by virtue of subsection (2) whether or nothe has already appealed against the conviction.

(4) An appeal by virtue of subsection (2)—(a) must be brought within the period of 28 days beginning with the date on which

the order mentioned in subsection (1)(b) comes into force, and(b) shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968

(but does not require leave).

(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates' court—(a) he may appeal against the conviction to the Crown Court, and(b) the Crown Court shall allow the appeal.

(6) A person may appeal against a conviction by virtue of subsection (5)—(a) whether or not he pleaded guilty,(b) whether or not he has already appealed against the conviction, and(c) whether or not he has made an application in respect of the conviction under

section 111 of the Magistrates' Courts Act 1980 (case stated).

(7) An appeal by virtue of subsection (5)—(a) must be brought within the period of 21 days beginning with the date on which

the order mentioned in subsection (1)(b) comes into force, and(b) shall be treated as an appeal under section 108(1)(b) of the Magistrates' Courts

Act 1980.


5


(8) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage ofjustice) after paragraph (b) there shall be inserted—

“or(c) on an appeal under section 7 of the Terrorism Act 2000”.

8 Section 7: Scotland and Northern Ireland

(1) In the application of section 7 to Scotland—(a) for every reference to the Court of Appeal or the Crown Court substitute a

reference to the High Court of Justiciary,(b) in subsection (2)(b), at the end insert “and quash the conviction”,(c) in subsection (4)—

(i) in paragraph (a), for “28 days” substitute “two weeks”, and(ii) in paragraph (b), for “section 1 of the Criminal Appeal Act 1968”

substitute “section 106 of the Criminal Procedure (Scotland) Act1995”,

(d) in subsection (5)—(i) for “by a magistrates' court” substitute “in summary proceedings”,

and(ii) in paragraph (b), at the end insert “and quash the conviction”,

(e) in subsection (6), paragraph (c) is omitted, and(f) in subsection (7)—

(i) in paragraph (a) for “21 days” substitute “two weeks”, and(ii) for paragraph (b) substitute—

“(b) shall be by note of appeal, which shall state theground of appeal,

(c) shall not require leave under any provision of Part Xof the Criminal Procedure (Scotland) Act 1995, and

(d) shall be in accordance with such procedure as theHigh Court of Justiciary may, by Act of Adjournal,determine.”.

(2) In the application of section 7 to Northern Ireland—(a) the reference in subsection (4) to section 1 of the Criminal Appeal Act 1968

shall be taken as a reference to section 1 of the Criminal Appeal (NorthernIreland) Act 1980,

(b) references in subsection (5) to the Crown Court shall be taken as referencesto the county court,

(c) the reference in subsection (6) to section 111 of the Magistrates' Courts Act1980 shall be taken as a reference to Article 146 of the Magistrates' Courts(Northern Ireland) Order 1981, and

(d) the reference in subsection (7) to section 108(1)(b) of the Magistrates' CourtsAct 1980 shall be taken as a reference to Article 140(1)(b) of the Magistrates'Courts (Northern Ireland) Order 1981.



9 Human Rights Act 1998

(1) This section applies where rules (within the meaning of section 7 of the Human RightsAct 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to bebrought before the Proscribed Organisations Appeal Commission.

(2) The following provisions of this Act shall apply in relation to proceedings undersection 7(1) of that Act as they apply to appeals under section 5 of this Act—

(a) section 5(4) and (5),(b) section 6,(c) section 7, and(d) paragraphs 4 to 8 of Schedule 3.

(3) The Commission shall decide proceedings in accordance with the principles applicableon an application for judicial review.

(4) In the application of the provisions mentioned in subsection (2)—(a) a reference to the Commission allowing an appeal shall be taken as a reference

to the Commission determining that an action of the Secretary of State isincompatible with a Convention right, and

(b) a reference to the refusal to deproscribe against which an appeal was broughtshall be taken as a reference to the action of the Secretary of State which isfound to be incompatible with a Convention right.

10 Immunity

(1) The following shall not be admissible as evidence in proceedings for an offence underany of sections 11 to 13, 15 to 19 and 56—

(a) evidence of anything done in relation to an application to the Secretary ofState under section 4,

(b) evidence of anything done in relation to proceedings before the ProscribedOrganisations Appeal Commission under section 5 above or section 7(1) ofthe Human Rights Act 1998,

(c) evidence of anything done in relation to proceedings under section 6(including that section as applied by section 9(2)), and

(d) any document submitted for the purposes of proceedings mentioned in any ofparagraphs (a) to (c).

(2) But subsection (1) does not prevent evidence from being adduced on behalf of theaccused.

Offences

11 Membership

(1) A person commits an offence if he belongs or professes to belong to a proscribedorganisation.

(2) It is a defence for a person charged with an offence under subsection (1) to prove—(a) that the organisation was not proscribed on the last (or only) occasion on

which he became a member or began to profess to be a member, and


7


(b) that he has not taken part in the activities of the organisation at any time whileit was proscribed.

(3) A person guilty of an offence under this section shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding ten

years, to a fine or to both, or(b) on summary conviction, to imprisonment for a term not exceeding six months,

to a fine not exceeding the statutory maximum or to both.

(4) In subsection (2) “proscribed” means proscribed for the purposes of any of thefollowing—

(a) this Act;(b) the Northern Ireland (Emergency Provisions) Act 1996;(c) the Northern Ireland (Emergency Provisions) Act 1991;(d) the Prevention of Terrorism (Temporary Provisions) Act 1989;(e) the Prevention of Terrorism (Temporary Provisions) Act 1984;(f) the Northern Ireland (Emergency Provisions) Act 1978;(g) the Prevention of Terrorism (Temporary Provisions) Act 1976;(h) the Prevention of Terrorism (Temporary Provisions) Act 1974;(i) the Northern Ireland (Emergency Provisions) Act 1973.

12 Support

(1) A person commits an offence if—(a) he invites support for a proscribed organisation, and(b) the support is not, or is not restricted to, the provision of money or other

property (within the meaning of section 15).

(2) A person commits an offence if he arranges, manages or assists in arranging ormanaging a meeting which he knows is—

(a) to support a proscribed organisation,(b) to further the activities of a proscribed organisation, or(c) to be addressed by a person who belongs or professes to belong to a proscribed

organisation.

(3) A person commits an offence if he addresses a meeting and the purpose of his addressis to encourage support for a proscribed organisation or to further its activities.

(4) Where a person is charged with an offence under subsection (2)(c) in respect of aprivate meeting it is a defence for him to prove that he had no reasonable cause tobelieve that the address mentioned in subsection (2)(c) would support a proscribedorganisation or further its activities.

(5) In subsections (2) to (4)—(a) “meeting” means a meeting of three or more persons, whether or not the public

are admitted, and(b) a meeting is private if the public are not admitted.


years, to a fine or to both, or

8 Terrorism Act 2000 (c. 11)Part III – Terrorist Property

Document Generated: 2021-01-24Status: This is the original version (as it was originally enacted).

(b) on summary conviction, to imprisonment for a term not exceeding six months,to a fine not exceeding the statutory maximum or to both.

13 Uniform

(1) A person in a public place commits an offence if he—(a) wears an item of clothing, or(b) wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that he is amember or supporter of a proscribed organisation.

(2) A constable in Scotland may arrest a person without a warrant if he has reasonablegrounds to suspect that the person is guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be liable on summary convictionto—

(a) imprisonment for a term not exceeding six months,(b) a fine not exceeding level 5 on the standard scale, or(c) both.

PART III

TERRORIST PROPERTY

Interpretation

14 Terrorist property

(1) In this Act “terrorist property” means—(a) money or other property which is likely to be used for the purposes of

terrorism (including any resources of a proscribed organisation),(b) proceeds of the commission of acts of terrorism, and(c) proceeds of acts carried out for the purposes of terrorism.

(2) In subsection (1)—(a) a reference to proceeds of an act includes a reference to any property which

wholly or partly, and directly or indirectly, represents the proceeds of the act(including payments or other rewards in connection with its commission), and

(b) the reference to an organisation’s resources includes a reference to any moneyor other property which is applied or made available, or is to be applied ormade available, for use by the organisation.

Offences

15 Fund-raising

(1) A person commits an offence if he—(a) invites another to provide money or other property, and

Terrorism Act 2000 (c. 11)Part III – Terrorist PropertyDocument Generated: 2021-01-24

9


(b) intends that it should be used, or has reasonable cause to suspect that it maybe used, for the purposes of terrorism.

(2) A person commits an offence if he—(a) receives money or other property, and(b) intends that it should be used, or has reasonable cause to suspect that it may

be used, for the purposes of terrorism.

(3) A person commits an offence if he—(a) provides money or other property, and(b) knows or has reasonable cause to suspect that it will or may be used for the

purposes of terrorism.

(4) In this section a reference to the provision of money or other property is a referenceto its being given, lent or otherwise made available, whether or not for consideration.

16 Use and possession

(1) A person commits an offence if he uses money or other property for the purposes ofterrorism.

(2) A person commits an offence if he—(a) possesses money or other property, and(b) intends that it should be used, or has reasonable cause to suspect that it may

be used, for the purposes of terrorism.

17 Funding arrangements

A person commits an offence if—(a) he enters into or becomes concerned in an arrangement as a result of which

money or other property is made available or is to be made available toanother, and

(b) he knows or has reasonable cause to suspect that it will or may be used forthe purposes of terrorism.

18 Money laundering

(1) A person commits an offence if he enters into or becomes concerned in an arrangementwhich facilitates the retention or control by or on behalf of another person of terroristproperty—

(a) by concealment,(b) by removal from the jurisdiction,(c) by transfer to nominees, or(d) in any other way.

(2) It is a defence for a person charged with an offence under subsection (1) to prove thathe did not know and had no reasonable cause to suspect that the arrangement relatedto terrorist property.

19 Disclosure of information: duty

(1) This section applies where a person—



(a) believes or suspects that another person has committed an offence under anyof sections 15 to 18, and

(b) bases his belief or suspicion on information which comes to his attention inthe course of a trade, profession, business or employment.

(2) The person commits an offence if he does not disclose to a constable as soon as isreasonably practicable—

(a) his belief or suspicion, and(b) the information on which it is based.

(3) It is a defence for a person charged with an offence under subsection (2) to prove thathe had a reasonable excuse for not making the disclosure.

(4) Where—(a) a person is in employment,(b) his employer has established a procedure for the making of disclosures of the

matters specified in subsection (2), and(c) he is charged with an offence under that subsection,

it is a defence for him to prove that he disclosed the matters specified in that subsectionin accordance with the procedure.

(5) Subsection (2) does not require disclosure by a professional legal adviser of—(a) information which he obtains in privileged circumstances, or(b) a belief or suspicion based on information which he obtains in privileged

circumstances.

(6) For the purpose of subsection (5) information is obtained by an adviser in privilegedcircumstances if it comes to him, otherwise than with a view to furthering a criminalpurpose—

(a) from a client or a client’s representative, in connection with the provision oflegal advice by the adviser to the client,

(b) from a person seeking legal advice from the adviser, or from the person’srepresentative, or

(c) from any person, for the purpose of actual or contemplated legal proceedings.

(7) For the purposes of subsection (1)(a) a person shall be treated as having committedan offence under one of sections 15 to 18 if—

(a) he has taken an action or been in possession of a thing, and(b) he would have committed an offence under one of those sections if he had

been in the United Kingdom at the time when he took the action or was inpossession of the thing.

(8) A person guilty of an offence under this section shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding five


or to a fine not exceeding the statutory maximum or to both.

20 Disclosure of information: permission

(1) A person may disclose to a constable—


11


(a) a suspicion or belief that any money or other property is terrorist property oris derived from terrorist property;

(b) any matter on which the suspicion or belief is based.

(2) A person may make a disclosure to a constable in the circumstances mentioned insection 19(1) and (2).

(3) Subsections (1) and (2) shall have effect notwithstanding any restriction on thedisclosure of information imposed by statute or otherwise.

(4) Where—(a) a person is in employment, and(b) his employer has established a procedure for the making of disclosures of the

kinds mentioned in subsection (1) and section 19(2),subsections (1) and (2) shall have effect in relation to that person as if any referenceto disclosure to a constable included a reference to disclosure in accordance with theprocedure.

21 Cooperation with police

(1) A person does not commit an offence under any of sections 15 to 18 if he is actingwith the express consent of a constable.

(2) Subject to subsections (3) and (4), a person does not commit an offence under any ofsections 15 to 18 by involvement in a transaction or arrangement relating to money orother property if he discloses to a constable—

(a) his suspicion or belief that the money or other property is terrorist property,and

(b) the information on which his suspicion or belief is based.

(3) Subsection (2) applies only where a person makes a disclosure—(a) after he becomes concerned in the transaction concerned,(b) on his own initiative, and(c) as soon as is reasonably practicable.

(4) Subsection (2) does not apply to a person if—(a) a constable forbids him to continue his involvement in the transaction or

arrangement to which the disclosure relates, and(b) he continues his involvement.

(5) It is a defence for a person charged with an offence under any of sections 15(2) and(3) and 16 to 18 to prove that—

(a) he intended to make a disclosure of the kind mentioned in subsections (2) and(3), and

(b) there is reasonable excuse for his failure to do so.

(6) Where—(a) a person is in employment, and(b) his employer has established a procedure for the making of disclosures of the

same kind as may be made to a constable under subsection (2),this section shall have effect in relation to that person as if any reference to disclosureto a constable included a reference to disclosure in accordance with the procedure.



(7) A reference in this section to a transaction or arrangement relating to money or otherproperty includes a reference to use or possession.

22 Penalties

A person guilty of an offence under any of sections 15 to 18 shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding 14



23 Forfeiture

(1) The court by or before which a person is convicted of an offence under any of sections15 to 18 may make a forfeiture order in accordance with the provisions of this section.

(2) Where a person is convicted of an offence under section 15(1) or (2) or 16 the courtmay order the forfeiture of any money or other property—

(a) which, at the time of the offence, he had in his possession or under his control,and

(b) which, at that time, he intended should be used, or had reasonable cause tosuspect might be used, for the purposes of terrorism.

(3) Where a person is convicted of an offence under section 15(3) the court may order theforfeiture of any money or other property—

(a) which, at the time of the offence, he had in his possession or under his control,and

(b) which, at that time, he knew or had reasonable cause to suspect would or mightbe used for the purposes of terrorism.

(4) Where a person is convicted of an offence under section 17 the court may order theforfeiture of the money or other property—

(a) to which the arrangement in question related, and(b) which, at the time of the offence, he knew or had reasonable cause to suspect

would or might be used for the purposes of terrorism.

(5) Where a person is convicted of an offence under section 18 the court may order theforfeiture of the money or other property to which the arrangement in question related.

(6) Where a person is convicted of an offence under any of sections 15 to 18, the court mayorder the forfeiture of any money or other property which wholly or partly, and directlyor indirectly, is received by any person as a payment or other reward in connectionwith the commission of the offence.

(7) Where a person other than the convicted person claims to be the owner of or otherwiseinterested in anything which can be forfeited by an order under this section, the courtshall give him an opportunity to be heard before making an order.

(8) A court in Scotland shall not make an order under this section except on the applicationof the prosecutor—

(a) in proceedings on indictment, when he moves for sentence, and(b) in summary proceedings, before the court convicts the accused,


13


and for the purposes of any appeal or review, an order under this section made by acourt in Scotland is a sentence.

(9) Schedule 4 (which makes further provision in relation to forfeiture orders under thissection) shall have effect.

Seizure of terrorist cash

24 Interpretation

(1) In sections 25 to 31 “authorised officer” means any of the following—(a) a constable,(b) a customs officer, and(c) an immigration officer.

(2) In sections 25 to 31 “cash” means—(a) coins and notes in any currency,(b) postal orders,(c) travellers' cheques,(d) bankers' drafts, and(e) such other kinds of monetary instrument as the Secretary of State may specify

by order.

25 Seizure and detention

(1) An authorised officer may seize and detain any cash to which this section applies ifhe has reasonable grounds for suspecting that—

(a) it is intended to be used for the purposes of terrorism,(b) it forms the whole or part of the resources of a proscribed organisation, or(c) it is terrorist property within the meaning given in section 14(1)(b) or (c).

(2) In subsection (1)(b) the reference to an organisation’s resources includes a referenceto any cash which is applied or made available, or is to be applied or made available,for use by the organisation.

(3) This section applies to cash which—(a) is being imported into or exported from the United Kingdom,(b) is being brought to any place in the United Kingdom for the purpose of being

exported from the United Kingdom,(c) is being brought to Northern Ireland from Great Britain, or to Great Britain

from Northern Ireland,(d) is being brought to any place in Northern Ireland for the purpose of being

brought to Great Britain, or(e) is being brought to any place in Great Britain for the purpose of being brought

to Northern Ireland.

(4) Subject to subsection (5), cash seized under this section shall be released not later thanthe end of the period of 48 hours beginning with the time when it is seized.

(5) Where an order is made under section 26 in relation to cash seized, it may be detainedduring the period specified in the order.



26 Continued detention

(1) An authorised officer or the Commissioners of Customs and Excise may apply toa magistrates' court for an order under this section in relation to cash seized undersection 25.

(2) An order under this section—(a) shall authorise the further detention under section 25 of the cash to which it

relates for a period specified in the order,(b) shall specify a period which ends not later than the end of the period of three

months beginning with the date of the order, and(c) shall require notice to be given to the person from whom the cash was seized

and to any other person who is affected by and specified in the order.

(3) An application for an order under this section may be granted only if the court issatisfied—

(a) that there are reasonable grounds to suspect that the cash is cash of a kindmentioned in section 25(1)(a), (b) or (c), and

(b) that the continued detention of the cash is justified pending completion of aninvestigation of its origin or derivation or pending a determination whether toinstitute criminal proceedings (whether in the United Kingdom or elsewhere)which relate to the cash.

(4) More than one order may be made under this section in relation to particular cash; butcash shall not be detained by virtue of an order under this section after the end of theperiod of two years beginning with the date when the first order under this sectionwas made in relation to it.

(5) In Scotland, any application under this section shall be made by the procurator fiscalto the sheriff; and in this section a reference to a magistrates' court shall be taken asa reference to the sheriff.

27 Detained cash

(1) Cash detained under section 25 by virtue of an order under section 26 shall, unlessrequired as evidence of an offence, be held in an interest bearing account; and theinterest accruing on the cash shall be added to it on its release or forfeiture.

(2) Any person may apply to a magistrates' court, or in Scotland to the sheriff, for adirection that cash detained under section 25 be released.

(3) A magistrates' court or the sheriff shall grant an application under subsection (2) ifsatisfied—

(a) that section 26(3)(a) or (b) no longer applies, or(b) that the detention of the cash is for any other reason no longer justified.

(4) An authorised officer, or in Scotland the procurator fiscal, may release cash detainedunder section 25 if—

(a) he is satisfied that its detention is no longer justified, and(b) he has notified the magistrates' court or sheriff who made the order by virtue

of which the cash is being detained under section 25.

(5) Cash detained under section 25 shall not be released under this section—


15


(a) while proceedings on an application for its forfeiture under section 28 havenot been concluded, or

(b) while proceedings, whether in the United Kingdom or elsewhere, which relateto the cash have not been concluded.

28 Forfeiture

(1) An authorised officer or the Commissioners of Customs and Excise may apply to amagistrates' court, or in Scotland the procurator fiscal may apply to the sheriff, for anorder forfeiting cash being detained under section 25.

(2) A magistrates' court or the sheriff may grant an application only if satisfied on thebalance of probabilities that the cash is cash of a kind mentioned in section 25(1)(a),(b) or (c).

(3) Before making an order under this section, a magistrates' court or the sheriff must givean opportunity to be heard to any person—

(a) who is not a party to the proceedings, and(b) who claims to be the owner of or otherwise interested in any of the cash which

can be forfeited under this section.

(4) An order may be made under this section whether or not proceedings are broughtagainst any person for an offence with which the cash is connected.

(5) Proceedings on an application under this section to the sheriff shall be civilproceedings.

29 Forfeiture: appeal

(1) Subject to subsection (2), any party to proceedings in which a forfeiture order is madeunder section 28 may appeal—

(a) where the order is made by a magistrates' court in England and Wales, to theCrown Court,

(b) where the order is made by the sheriff in Scotland, to the Court of Session, or(c) where the order is made by a magistrates' court in Northern Ireland, to the

county court.

(2) An appeal under subsection (1)—(a) must be brought before the end of the period of 30 days beginning with the

date on which the forfeiture order was made, and(b) may not be brought by the applicant for the forfeiture order.

(3) On an application by the appellant, a magistrates' court or the sheriff may order therelease of so much of the cash to which the forfeiture order applies as it considersappropriate to enable him to meet his reasonable legal expenses in connection withthe appeal.

(4) An appeal under subsection (1) shall be by way of a rehearing.

(5) If the court allows the appeal, it may order the release of—(a) the cash to which the forfeiture order applies together with any interest which

has accrued, or

16 Terrorism Act 2000 (c. 11)Part IV – Terrorist Investigations


(b) where an order has been made under subsection (3), the remaining cashto which the forfeiture order applies together with any interest which hasaccrued.

(6) Subsection (7) applies where a successful application for a forfeiture order relies (inwhole or in part) on the fact that an organisation is proscribed, and—

(a) a deproscription appeal under section 5 is allowed in respect of theorganisation,

(b) an order is made under section 3(3)(b) in respect of the organisation inaccordance with an order of the Proscribed Organisations Appeal Commissionunder section 5(4) (and, if the order is made in reliance on section 123(5), aresolution is passed by each House of Parliament under section 123(5)(b)),and

(c) the forfeited cash was seized under section 25 on or after the date of the refusalto deproscribe against which the appeal under section 5 was brought.

(7) Where this subsection applies an appeal under subsection (1) may be brought at anytime before the end of the period of 30 days beginning with the date on which theorder under section 3(3)(b) comes into force.

30 Treatment of forfeited cash

Any cash to which a forfeiture order under section 28 applies or accrued interestthereon shall be paid into the Consolidated Fund—

(a) after the end of the period within which an appeal may be brought undersection 29(1), or

(b) where an appeal is brought under section 29(1), after the appeal is determinedor otherwise disposed of.

31 Rules of court

Provision may be made by rules of court about the procedure on applications or appealsto any court under sections 26 to 29, and in particular as to—

(a) the giving of notice to persons affected by an application or appeal under thoseprovisions;

(b) the joinder, or in Scotland the sisting, of those persons as parties to theproceedings.

PART IV

TERRORIST INVESTIGATIONS

Interpretation

32 Terrorist investigation

In this Act “terrorist investigation” means an investigation of—(a) the commission, preparation or instigation of acts of terrorism,(b) an act which appears to have been done for the purposes of terrorism,(c) the resources of a proscribed organisation,

Terrorism Act 2000 (c. 11)Part IV – Terrorist InvestigationsDocument Generated: 2021-01-24

17


(d) the possibility of making an order under section 3(3), or(e) the commission, preparation or instigation of an offence under this Act.

Cordons

33 Cordoned areas

(1) An area is a cordoned area for the purposes of this Act if it is designated under thissection.

(2) A designation may be made only if the person making it considers it expedient for thepurposes of a terrorist investigation.

(3) If a designation is made orally, the person making it shall confirm it in writing as soonas is reasonably practicable.

(4) The person making a designation shall arrange for the demarcation of the cordonedarea, so far as is reasonably practicable—

(a) by means of tape marked with the word “police”, or(b) in such other manner as a constable considers appropriate.

34 Power to designate

(1) Subject to subsection (2), a designation under section 33 may only be made—(a) where the area is outside Northern Ireland and is wholly or partly within a

police area, by an officer for the police area who is of at least the rank ofsuperintendent, and

(b) where the area is in Northern Ireland, by a member of the Royal UlsterConstabulary who is of at least the rank of superintendent.

(2) A constable who is not of the rank required by subsection (1) may make a designationif he considers it necessary by reason of urgency.

(3) Where a constable makes a designation in reliance on subsection (2) he shall as soonas is reasonably practicable—

(a) make a written record of the time at which the designation was made, and(b) ensure that a police officer of at least the rank of superintendent is informed.

(4) An officer who is informed of a designation in accordance with subsection (3)(b)—(a) shall confirm the designation or cancel it with effect from such time as he

may direct, and(b) shall, if he cancels the designation, make a written record of the cancellation

and the reason for it.

35 Duration

(1) A designation under section 33 has effect, subject to subsections (2) to (5), during theperiod—

(a) beginning at the time when it is made, and(b) ending with a date or at a time specified in the designation.

18 Terrorism Act 2000 (c. 11)Part IV – Terrorist Investigations


(2) The date or time specified under subsection (1)(b) must not occur after the end of theperiod of 14 days beginning with the day on which the designation is made.

(3) The period during which a designation has effect may be extended in writing fromtime to time by—

(a) the person who made it, or(b) a person who could have made it (otherwise than by virtue of section 34(2)).

(4) An extension shall specify the additional period during which the designation is tohave effect.

(5) A designation shall not have effect after the end of the period of 28 days beginningwith the day on which it is made.

36 Police powers

(1) A constable in uniform may—(a) order a person in a cordoned area to leave it immediately;(b) order a person immediately to leave premises which are wholly or partly in

or adjacent to a cordoned area;(c) order the driver or person in charge of a vehicle in a cordoned area to move

it from the area immediately;(d) arrange for the removal of a vehicle from a cordoned area;(e) arrange for the movement of a vehicle within a cordoned area;(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles.

(2) A person commits an offence if he fails to comply with an order, prohibition orrestriction imposed by virtue of subsection (1).

(3) It is a defence for a person charged with an offence under subsection (2) to prove thathe had a reasonable excuse for his failure.

(4) A person guilty of an offence under subsection (2) shall be liable on summaryconviction to—

(a) imprisonment for a term not exceeding three months,(b) a fine not exceeding level 4 on the standard scale, or(c) both.

Information and evidence

37 Powers

Schedule 5 (power to obtain information, &c.) shall have effect.

38 Financial information

Schedule 6 (financial information) shall have effect.

Terrorism Act 2000 (c. 11)Part IV – Terrorist InvestigationsDocument Generated: 2021-01-24

19


39 Disclosure of information, &c

(1) Subsection (2) applies where a person knows or has reasonable cause to suspect thata constable is conducting or proposes to conduct a terrorist investigation.

(2) The person commits an offence if he—(a) discloses to another anything which is likely to prejudice the investigation, or(b) interferes with material which is likely to be relevant to the investigation.

(3) Subsection (4) applies where a person knows or has reasonable cause to suspect thata disclosure has been or will be made under any of sections 19 to 21.

(4) The person commits an offence if he—(a) discloses to another anything which is likely to prejudice an investigation

resulting from the disclosure under that section, or(b) interferes with material which is likely to be relevant to an investigation

resulting from the disclosure under that section.

(5) It is a defence for a person charged with an offence under subsection (2) or (4) toprove—

(a) that he did not know and had no reasonable cause to suspect that the disclosureor interference was likely to affect a terrorist investigation, or

(b) that he had a reasonable excuse for the disclosure or interference.

(6) Subsections (2) and (4) do not apply to a disclosure which is made by a professionallegal adviser—

(a) to his client or to his client’s representative in connection with the provisionof legal advice by the adviser to the client and not with a view to furtheringa criminal purpose, or

(b) to any person for the purpose of actual or contemplated legal proceedings andnot with a view to furthering a criminal purpose.

(7) A person guilty of an offence under this section shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding five



(8) For the purposes of this section—(a) a reference to conducting a terrorist investigation includes a reference to

taking part in the conduct of, or assisting, a terrorist investigation, and(b) a person interferes with material if he falsifies it, conceals it, destroys it or

disposes of it, or if he causes or permits another to do any of those things.

20 Terrorism Act 2000 (c. 11)Part V – Counter-terrorist PowersDocument Generated: 2021-01-24


PART V

COUNTER-TERRORIST POWERS

Suspected terrorists

40 Terrorist: interpretation

(1) In this Part “terrorist” means a person who—(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56

to 63, or(b) is or has been concerned in the commission, preparation or instigation of acts

of terrorism.

(2) The reference in subsection (1)(b) to a person who has been concerned in thecommission, preparation or instigation of acts of terrorism includes a reference to aperson who has been, whether before or after the passing of this Act, concerned in thecommission, preparation or instigation of acts of terrorism within the meaning givenby section 1.

41 Arrest without warrant

(1) A constable may arrest without a warrant a person whom he reasonably suspects tobe a terrorist.

(2) Where a person is arrested under this section the provisions of Schedule 8 (detention:treatment, review and extension) shall apply.

(3) Subject to subsections (4) to (7), a person detained under this section shall (unlessdetained under any other power) be released not later than the end of the period of48 hours beginning—

(a) with the time of his arrest under this section, or(b) if he was being detained under Schedule 7 when he was arrested under this

section, with the time when his examination under that Schedule began.

(4) If on a review of a person’s detention under Part II of Schedule 8 the review officerdoes not authorise continued detention, the person shall (unless detained in accordancewith subsection (5) or (6) or under any other power) be released.

(5) Where a police officer intends to make an application for a warrant under paragraph29 of Schedule 8 extending a person’s detention, the person may be detained pendingthe making of the application.

(6) Where an application has been made under paragraph 29 or 36 of Schedule 8 in respectof a person’s detention, he may be detained pending the conclusion of proceedingson the application.

(7) Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect ofa person’s detention, he may be detained, subject to paragraph 37 of that Schedule,during the period specified in the warrant.

(8) The refusal of an application in respect of a person’s detention under paragraph 29or 36 of Schedule 8 shall not prevent his continued detention in accordance with thissection.

Terrorism Act 2000 (c. 11)Part V – Counter-terrorist PowersDocument Generated: 2021-01-24

21


(9) A person who has the powers of a constable in one Part of the United Kingdom mayexercise the power under subsection (1) in any Part of the United Kingdom.

42 Search of premises

(1) A justice of the peace may on the application of a constable issue a warrant in relationto specified premises if he is satisfied that there are reasonable grounds for suspectingthat a person whom the constable reasonably suspects to be a person falling withinsection 40(1)(b) is to be found there.

(2) A warrant under this section shall authorise any constable to enter and search thespecified premises for the purpose of arresting the person referred to in subsection (1)under section 41.

(3) In the application of subsection (1) to Scotland—(a) “justice of the peace” includes the sheriff, and(b) the justice of the peace or sheriff can be satisfied as mentioned in that

subsection only by having heard evidence on oath.

43 Search of persons

(1) A constable may stop and search a person whom he reasonably suspects to be a terroristto discover whether he has in his possession anything which may constitute evidencethat he is a terrorist.

(2) A constable may search a person arrested under section 41 to discover whether he hasin his possession anything which may constitute evidence that he is a terrorist.

(3) A search of a person under this section must be carried out by someone of the same sex.

(4) A constable may seize and retain anything which he discovers in the course of asearch of a person under subsection (1) or (2) and which he reasonably suspects mayconstitute evidence that the person is a terrorist.

(5) A person who has the powers of a constable in one Part of the United Kingdom mayexercise a power under this section in any Part of the United Kingdom.

Power to stop and search

44 Authorisations

(1) An authorisation under this subsection authorises any constable in uniform to stop avehicle in an area or at a place specified in the authorisation and to search—

(a) the vehicle;(b) the driver of the vehicle;(c) a passenger in the vehicle;(d) anything in or on the vehicle or carried by the driver or a passenger.

(2) An authorisation under this subsection authorises any constable in uniform to stop apedestrian in an area or at a place specified in the authorisation and to search—

(a) the pedestrian;(b) anything carried by him.



(3) An authorisation under subsection (1) or (2) may be given only if the person giving itconsiders it expedient for the prevention of acts of terrorism.

(4) An authorisation may be given—(a) where the specified area or place is the whole or part of a police area outside

Northern Ireland other than one mentioned in paragraph (b) or (c), by a policeofficer for the area who is of at least the rank of assistant chief constable;

(b) where the specified area or place is the whole or part of the metropolitanpolice district, by a police officer for the district who is of at least the rank ofcommander of the metropolitan police;

(c) where the specified area or place is the whole or part of the City of London,by a police officer for the City who is of at least the rank of commander inthe City of London police force;

(d) where the specified area or place is the whole or part of Northern Ireland,by a member of the Royal Ulster Constabulary who is of at least the rank ofassistant chief constable.

(5) If an authorisation is given orally, the person giving it shall confirm it in writing assoon as is reasonably practicable.

45 Exercise of power

(1) The power conferred by an authorisation under section 44(1) or (2)—(a) may be exercised only for the purpose of searching for articles of a kind which

could be used in connection with terrorism, and(b) may be exercised whether or not the constable has grounds for suspecting the

presence of articles of that kind.

(2) A constable may seize and retain an article which he discovers in the course of a searchby virtue of section 44(1) or (2) and which he reasonably suspects is intended to beused in connection with terrorism.

(3) A constable exercising the power conferred by an authorisation may not require aperson to remove any clothing in public except for headgear, footwear, an outer coat,a jacket or gloves.

(4) Where a constable proposes to search a person or vehicle by virtue of section 44(1)or (2) he may detain the person or vehicle for such time as is reasonably required topermit the search to be carried out at or near the place where the person or vehicleis stopped.

(5) Where—(a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and(b) the driver of the vehicle or the pedestrian applies for a written statement that

the vehicle was stopped, or that he was stopped, by virtue of section 44(1)or (2),

the written statement shall be provided.

(6) An application under subsection (5) must be made within the period of 12 monthsbeginning with the date on which the vehicle or pedestrian was stopped.


23


46 Duration of authorisation

(1) An authorisation under section 44 has effect, subject to subsections (2) to (7), duringthe period—

(a) beginning at the time when the authorisation is given, and(b) ending with a date or at a time specified in the authorisation.

(2) The date or time specified under subsection (1)(b) must not occur after the end of theperiod of 28 days beginning with the day on which the authorisation is given.

(3) The person who gives an authorisation shall inform the Secretary of State as soon asis reasonably practicable.

(4) If an authorisation is not confirmed by the Secretary of State before the end of theperiod of 48 hours beginning with the time when it is given—

(a) it shall cease to have effect at the end of that period, but(b) its ceasing to have effect shall not affect the lawfulness of anything done in

reliance on it before the end of that period.

(5) Where the Secretary of State confirms an authorisation he may substitute an earlierdate or time for the date or time specified under subsection (1)(b).

(6) The Secretary of State may cancel an authorisation with effect from a specified time.

(7) An authorisation may be renewed in writing by the person who gave it or by a personwho could have given it; and subsections (1) to (6) shall apply as if a new authorisationwere given on each occasion on which the authorisation is renewed.

47 Offences

(1) A person commits an offence if he—(a) fails to stop a vehicle when required to do so by a constable in the exercise of

the power conferred by an authorisation under section 44(1);(b) fails to stop when required to do so by a constable in the exercise of the power

conferred by an authorisation under section 44(2);(c) wilfully obstructs a constable in the exercise of the power conferred by an

authorisation under section 44(1) or (2).



Parking

48 Authorisations

(1) An authorisation under this section authorises any constable in uniform to prohibit orrestrict the parking of vehicles on a road specified in the authorisation.

(2) An authorisation may be given only if the person giving it considers it expedient forthe prevention of acts of terrorism.



(3) An authorisation may be given—(a) where the road specified is outside Northern Ireland and is wholly or partly

within a police area other than one mentioned in paragraphs (b) or (c), by apolice officer for the area who is of at least the rank of assistant chief constable;

(b) where the road specified is wholly or partly in the metropolitan police district,by a police officer for the district who is of at least the rank of commanderof the metropolitan police;

(c) where the road specified is wholly or partly in the City of London, by a policeofficer for the City who is of at least the rank of commander in the City ofLondon police force;

(d) where the road specified is in Northern Ireland, by a member of the RoyalUlster Constabulary who is of at least the rank of assistant chief constable.

(4) If an authorisation is given orally, the person giving it shall confirm it in writing assoon as is reasonably practicable.

49 Exercise of power

(1) The power conferred by an authorisation under section 48 shall be exercised by placinga traffic sign on the road concerned.

(2) A constable exercising the power conferred by an authorisation under section 48 maysuspend a parking place.

(3) Where a parking place is suspended under subsection (2), the suspension shall betreated as a restriction imposed by virtue of section 48—

(a) for the purposes of section 99 of the Road Traffic Regulation Act 1984(removal of vehicles illegally parked, &c.) and of any regulations in forceunder that section, and

(b) for the purposes of Articles 47 and 48 of the Road Traffic Regulation(Northern Ireland) Order 1997 (in relation to Northern Ireland).

50 Duration of authorisation

(1) An authorisation under section 48 has effect, subject to subsections (2) and (3), duringthe period specified in the authorisation.

(2) The period specified shall not exceed 28 days.

(3) An authorisation may be renewed in writing by the person who gave it or by aperson who could have given it; and subsections (1) and (2) shall apply as if a newauthorisation were given on each occasion on which the authorisation is renewed.

51 Offences

(1) A person commits an offence if he parks a vehicle in contravention of a prohibitionor restriction imposed by virtue of section 48.

(2) A person commits an offence if—(a) he is the driver or other person in charge of a vehicle which has been permitted

to remain at rest in contravention of any prohibition or restriction imposed byvirtue of section 48, and


25


(b) he fails to move the vehicle when ordered to do so by a constable in uniform.

(3) It is a defence for a person charged with an offence under this section to prove that hehad a reasonable excuse for the act or omission in question.

(4) Possession of a current disabled person’s badge shall not itself constitute a reasonableexcuse for the purposes of subsection (3).

(5) A person guilty of an offence under subsection (1) shall be liable on summaryconviction to a fine not exceeding level 4 on the standard scale.



52 Interpretation

In sections 48 to 51—“disabled person’s badge” means a badge issued, or having effect as if

issued, under any regulations for the time being in force under section 21 ofthe Chronically Sick and Disabled Persons Act 1970 (in relation to Englandand Wales and Scotland) or section 14 of the Chronically Sick and DisabledPersons (Northern Ireland) Act 1978 (in relation to Northern Ireland);

“driver” means, in relation to a vehicle which has been left on any road, theperson who was driving it when it was left there;

“parking” means leaving a vehicle or permitting it to remain at rest;“traffic sign” has the meaning given in section 142(1) of the Road Traffic

Regulation Act 1984 (in relation to England and Wales and Scotland) and inArticle 28 of the Road Traffic Regulation (Northern Ireland) Order 1997 (inrelation to Northern Ireland);

“vehicle” has the same meaning as in section 99(5) of the Road TrafficRegulation Act 1984 (in relation to England and Wales and Scotland) andArticle 47(4) of the Road Traffic Regulation (Northern Ireland) Order 1997 (inrelation to Northern Ireland).

Port and border controls

53 Port and border controls

(1) Schedule 7 (port and border controls) shall have effect.

(2) The Secretary of State may by order repeal paragraph 16 of Schedule 7.

(3) The powers conferred by Schedule 7 shall be exercisable notwithstanding the rightsconferred by section 1 of the Immigration Act 1971 (general principles regulatingentry into and staying in the United Kingdom).

26 Terrorism Act 2000 (c. 11)Part VI – Miscellaneous


PART VI

MISCELLANEOUS

Terrorist offences

54 Weapons training

(1) A person commits an offence if he provides instruction or training in the making oruse of—

(a) firearms,(b) explosives, or(c) chemical, biological or nuclear weapons.

(2) A person commits an offence if he receives instruction or training in the making oruse of—

(a) firearms,(b) explosives, or(c) chemical, biological or nuclear weapons.

(3) A person commits an offence if he invites another to receive instruction or trainingand the receipt—

(a) would constitute an offence under subsection (2), or(b) would constitute an offence under subsection (2) but for the fact that it is to

take place outside the United Kingdom.

(4) For the purpose of subsections (1) and (3)—(a) a reference to the provision of instruction includes a reference to making it

available either generally or to one or more specific persons, and(b) an invitation to receive instruction or training may be either general or

addressed to one or more specific persons.

(5) It is a defence for a person charged with an offence under this section in relation toinstruction or training to prove that his action or involvement was wholly for a purposeother than assisting, preparing for or participating in terrorism.




(7) A court by or before which a person is convicted of an offence under this section mayorder the forfeiture of anything which the court considers to have been in the person’spossession for purposes connected with the offence.

(8) Before making an order under subsection (7) a court must give an opportunity to beheard to any person, other than the convicted person, who claims to be the owner ofor otherwise interested in anything which can be forfeited under that subsection.

(9) An order under subsection (7) shall not come into force until there is no furtherpossibility of it being varied, or set aside, on appeal (disregarding any power of a courtto grant leave to appeal out of time).

Terrorism Act 2000 (c. 11)Part VI – MiscellaneousDocument Generated: 2021-01-24

27


55 Weapons training: interpretation

In section 54—“biological weapon” means anything to which section 1(1)(b) of the

Biological Weapons Act 1974 applies,“chemical weapon” has the meaning given by section 1 of the Chemical

Weapons Act 1996, and“nuclear weapon” means a weapon which contains nuclear material within

the meaning of Article 1(a) and (b) of the Convention on the Physical Protectionof Nuclear Material opened for signature at Vienna and New York on 3rd March1980 (set out in the Schedule to the Nuclear Material (Offences) Act 1983).

56 Directing terrorist organisation

(1) A person commits an offence if he directs, at any level, the activities of an organisationwhich is concerned in the commission of acts of terrorism.

(2) A person guilty of an offence under this section is liable on conviction on indictmentto imprisonment for life.

57 Possession for terrorist purposes

(1) A person commits an offence if he possesses an article in circumstances which giverise to a reasonable suspicion that his possession is for a purpose connected with thecommission, preparation or instigation of an act of terrorism.

(2) It is a defence for a person charged with an offence under this section to prove thathis possession of the article was not for a purpose connected with the commission,preparation or instigation of an act of terrorism.

(3) In proceedings for an offence under this section, if it is proved that an article—(a) was on any premises at the same time as the accused, or(b) was on premises of which the accused was the occupier or which he habitually

used otherwise than as a member of the public,the court may assume that the accused possessed the article, unless he proves that hedid not know of its presence on the premises or that he had no control over it.

(4) A person guilty of an offence under this section shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding 10



58 Collection of information

(1) A person commits an offence if—(a) he collects or makes a record of information of a kind likely to be useful to a

person committing or preparing an act of terrorism, or(b) he possesses a document or record containing information of that kind.

(2) In this section “record” includes a photographic or electronic record.



(3) It is a defence for a person charged with an offence under this section to prove that hehad a reasonable excuse for his action or possession.




(5) A court by or before which a person is convicted of an offence under this sectionmay order the forfeiture of any document or record containing information of the kindmentioned in subsection (1)(a).



Inciting terrorism overseas

59 England and Wales

(1) A person commits an offence if—(a) he incites another person to commit an act of terrorism wholly or partly outside

the United Kingdom, and(b) the act would, if committed in England and Wales, constitute one of the

offences listed in subsection (2).

(2) Those offences are—(a) murder,(b) an offence under section 18 of the Offences against the Person Act 1861

(wounding with intent),(c) an offence under section 23 or 24 of that Act (poison),(d) an offence under section 28 or 29 of that Act (explosions), and(e) an offence under section 1(2) of the Criminal Damage Act 1971 (endangering

life by damaging property).

(3) A person guilty of an offence under this section shall be liable to any penalty towhich he would be liable on conviction of the offence listed in subsection (2) whichcorresponds to the act which he incites.

(4) For the purposes of subsection (1) it is immaterial whether or not the person incited isin the United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on behalf of,or holding office under, the Crown.

Terrorism Act 2000 (c. 11)Part VI – MiscellaneousDocument Generated: 2021-01-24

29


60 Northern Ireland


the United Kingdom, and(b) the act would, if committed in Northern Ireland, constitute one of the offences

listed in subsection (2).

(2) Those offences are—(a) murder,(b) an offence under section 18 of the Offences against the Person Act 1861

(wounding with intent),(c) an offence under section 23 or 24 of that Act (poison),(d) an offence under section 28 or 29 of that Act (explosions), and(e) an offence under Article 3(2) of the Criminal Damage (Northern Ireland)

Order 1977 (endangering life by damaging property).




61 Scotland


the United Kingdom, and(b) the act would, if committed in Scotland, constitute one of the offences listed

in subsection (2).

(2) Those offences are—(a) murder,(b) assault to severe injury, and(c) reckless conduct which causes actual injury.






Terrorist bombing and finance offences

62 Terrorist bombing: jurisdiction

(1) If—(a) a person does anything outside the United Kingdom as an act of terrorism or

for the purposes of terrorism, and(b) his action would have constituted the commission of one of the offences listed

in subsection (2) if it had been done in the United Kingdom,he shall be guilty of the offence.

(2) The offences referred to in subsection (1)(b) are—(a) an offence under section 2, 3 or 5 of the Explosive Substances Act 1883

(causing explosions, &c.),(b) an offence under section 1 of the Biological Weapons Act 1974 (biological

weapons), and(c) an offence under section 2 of the Chemical Weapons Act 1996 (chemical

weapons).

63 Terrorist finance: jurisdiction

(1) If—(a) a person does anything outside the United Kingdom, and(b) his action would have constituted the commission of an offence under any of

sections 15 to 18 if it had been done in the United Kingdom,he shall be guilty of the offence.

(2) For the purposes of subsection (1)(b), section 18(1)(b) shall be read as if for “thejurisdiction” there were substituted “a jurisdiction”.

64 Extradition

(1) The Extradition Act 1989 shall be amended as follows.

(2) In section 22(2) (international conventions) after paragraph (l) insert—“(m) the Convention for the Suppression of Terrorist Bombings, which

was opened for signature at New York on 12th January 1998 (“theTerrorist Bombings Convention”);

(n) the Convention for the Suppression of the Financing of Terrorismwhich was opened for signature at New York on 10th January 2000(“the Terrorist Finance Convention”).”

(3) In section 22(4) (relevant offences) after paragraph (l) insert—“(m) in relation to the Terrorist Bombings Convention, an offence,

committed as an act of terrorism or for the purposes of terrorism,under—

(i) section 2, 3 or 5 of the Explosive Substances Act 1883(causing explosions, &c.),

(ii) section 1 of the Biological Weapons Act 1974 (biologicalweapons), or

Terrorism Act 2000 (c. 11)Part VII – Northern IrelandDocument Generated: 2021-01-24

31


(iii) section 2 of the Chemical Weapons Act 1996 (chemicalweapons);

(n) in relation to the Terrorist Finance Convention, an offence under anyof sections 15 to 18 of the Terrorism Act 2000 (terrorist property:offences).”

(4) After section 24(4) (suppression of terrorism) insert—

“(5) Subsections (1) and (2) above shall have effect in relation to an offence towhich section 22(4)(m) or (n) above applies as they have effect in relationto an offence to which section 1 of the Suppression of Terrorism Act 1978applies.

(6) For that purpose subsection (2) applies to a country which is a party to—(a) the Convention for the Suppression of Terrorist Bombings mentioned

in section 22(2)(m) above, or(b) the Convention for the Suppression of the Financing of Terrorism

mentioned in section 22(2)(n) above.”

(5) The offences to which an Order in Council under section 2 of the Extradition Act 1870(arrangements with foreign states) can apply shall include—

(a) offences under the provisions mentioned in sections 62(2) and 63(1)(b),(b) conspiracy to commit any of those offences, and(c) attempt to commit any of those offences.

PART VII

NORTHERN IRELAND

Scheduled offences

65 Scheduled offence: interpretation

(1) In this Part “scheduled offence” means, subject to any relevant note in Part I or III ofSchedule 9, an offence specified in either of those Parts.

(2) Part II of that Schedule shall have effect in respect of offences related to those specifiedin Part I.

(3) The Secretary of State may by order—(a) add an offence to Part I or II of Schedule 9;(b) remove an offence from Part I or II of that Schedule;(c) amend Part I or II of that Schedule in some other way.

66 Preliminary inquiry

(1) In proceedings before a magistrates' court for a scheduled offence, if the prosecutionrequests the court to conduct a preliminary inquiry into the offence the court shallgrant the request.

(2) In subsection (1) “preliminary inquiry” means a preliminary inquiry under theMagistrates' Courts (Northern Ireland) Order 1981.

32 Terrorism Act 2000 (c. 11)Part VII – Northern Ireland


(3) Subsection (1)—(a) shall apply notwithstanding anything in Article 31 of that Order,(b) shall not apply in respect of an offence where the court considers that in the

interests of justice a preliminary investigation should be conducted into theoffence under that Order, and

(c) shall not apply in respect of an extra-territorial offence (as defined insection 1(3) of the Criminal Jurisdiction Act 1975)).

(4) Where a person charged with a scheduled offence is also charged with a non-scheduledoffence, the non-scheduled offence shall be treated as a scheduled offence for thepurposes of this section.

67 Limitation of power to grant bail

(1) This section applies to a person who—(a) has attained the age of fourteen, and(b) is charged with a scheduled offence which is neither being tried summarily

nor certified by the Director of Public Prosecutions for Northern Ireland assuitable for summary trial.

(2) Subject to subsections (6) and (7), a person to whom this section applies shall not beadmitted to bail except—

(a) by a judge of the High Court or the Court of Appeal, or(b) by the judge of the court of trial on adjourning the trial of a person charged

with a scheduled offence.

(3) A judge may, in his discretion, admit a person to whom this section applies to bailunless satisfied that there are substantial grounds for believing that the person, ifreleased on bail (whether subject to conditions or not), would—

(a) fail to surrender to custody,(b) commit an offence while on bail,(c) interfere with a witness,(d) otherwise obstruct or attempt to obstruct the course of justice, whether in

relation to himself or another person, or(e) fail to comply with conditions of release (if any).

(4) In exercising his discretion in relation to a person under subsection (3) a judge shallhave regard to such of the following considerations as he considers relevant (as wellas to any others which he considers relevant)—

(a) the nature and seriousness of the offence with which the person is charged,(b) the character, antecedents, associations and community ties of the person,(c) the time which the person has already spent in custody and the time which he

is likely to spend in custody if he is not admitted to bail, and(d) the strength of the evidence of his having committed the offence.

(5) Without prejudice to any other power to impose conditions on admission to bail, ajudge admitting a person to bail under this section may impose such conditions as heconsiders—

(a) likely to result in the person’s appearance at the time and place required, or(b) necessary in the interests of justice or for the prevention of crime.


33


(6) Subsection (7) applies where a person to whom this section applies is a servingmember of—

(a) any of Her Majesty’s forces, or(b) the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

(7) Where this subsection applies to a person he may be admitted to bail on conditionthat he is held in military or police custody if the person granting bail is satisfied thatsuitable arrangements have been made; and—

(a) bail on that condition may be granted by a judge or a resident magistrate, and(b) it shall be lawful for the person to be held in military or police custody in

accordance with the conditions of his bail.

68 Bail: legal aid

(1) Where it appears to a judge of the High Court or the Court of Appeal—(a) that a person charged with a scheduled offence intends to apply to be admitted

to bail,(b) that it is desirable in the interests of justice that he should have legal aid, and(c) that he has not sufficient means to enable him to obtain that aid,

the judge may assign to him a solicitor and counsel, or counsel only, in the applicationfor bail.

(2) If on a question of granting a person free legal aid under this section there is a doubt—(a) whether his means are sufficient to enable him to obtain legal aid, or(b) whether it is desirable in the interests of justice that he should have free legal

aid,the doubt shall be resolved in favour of granting him free legal aid.

(3) Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (Northern Ireland)Order 1981 (statements, payments, rules and stamp duty) shall apply in relation to legalaid under this section as they apply in relation to legal aid under Part III of that Orderas if legal aid under this section were given in pursuance of a criminal aid certificateunder Article 29 of that Order.

69 Maximum period of remand in custody

(1) The period for which a person charged with a scheduled offence may be remanded incustody by a magistrates' court shall be a period of not more than 28 days beginningwith the day following that on which he is remanded.

(2) Subsection (1) has effect—(a) notwithstanding Article 47(2) and (3) of the Magistrates' Courts (Northern

Ireland) Order 1981, and(b) whether or not a person is also charged with a non-scheduled offence.

70 Young persons: custody on remand, &c

(1) While a young person charged with a scheduled offence is remanded or committed fortrial and not released on bail, he may be held in custody in such prison or other placeas may be specified in a direction given by the Secretary of State under this section.



(2) Subsection (1) shall have effect in respect of a person—(a) notwithstanding the provisions of any enactment, and(b) whether or not he was remanded or committed for trial at a time when this

section was not in force.

(3) The Secretary of State may give a direction under this section in respect of a personif he considers it necessary to make special arrangements as to the place at which theperson is to be held in order—

(a) to prevent his escape, or(b) to ensure his safety or the safety of others.

(4) The Secretary of State may give a direction under this section at any time after theperson to whom it relates has been charged.

(5) In this section “young person” means a person who—(a) has attained the age of fourteen, and(b) has not attained the age of seventeen.

71 Directions under section 70

(1) A direction under section 70 shall cease to have effect at the expiry of the periodspecified in the direction unless—

(a) it has previously ceased to have effect, or(b) it is continued in force by a further direction.

(2) The specified period shall not end after the end of the period of two months beginningwith the date of the direction.

(3) Where—(a) a person is held in custody in a prison or other place by virtue of a direction,

and(b) the direction ceases to have effect (whether or not by reason of the expiry or

cesser of section 70),it shall be lawful for him to continue to be held in custody in that prison or place untilarrangements can be made for him to be held in custody in accordance with the lawthen applicable to his case.

(4) Nothing in subsection (3) shall be taken as permitting the holding in custody of aperson who is entitled to be released from custody.

72 Time limits for preliminary proceedings

(1) The Secretary of State may by regulations make provision, in respect of a specifiedpreliminary stage of proceedings for a scheduled offence, as to the maximum period—

(a) to be allowed to the prosecution to complete the stage;(b) during which the accused may, while awaiting completion of the stage, be

in the custody of a magistrates' court or the Crown Court in relation to theoffence.

(2) The regulations may, in particular—


35


(a) provide for a specified law about bail to apply in relation to cases to whichcustody or overall time limits apply (subject to any modifications which theSecretary of State considers it necessary to specify in the regulations);

(b) provide for time limits to cease to have effect in cases where the AttorneyGeneral for Northern Ireland certifies after the institution of proceedings thatan offence is not to be treated as a scheduled offence;

(c) make such provision with respect to the procedure to be followed in criminalproceedings as the Secretary of State considers appropriate in consequence ofanother provision of the regulations;

(d) make provision which has effect in relation to a non-scheduled offence whereseparate counts of an indictment allege a scheduled offence and a non-scheduled offence;

(e) enable the Crown Court in specified circumstances to extend or further extenda time limit at any time before it expires.

(3) Subject to subsection (4), where an overall time limit expires before the completionof the stage of proceedings to which the limit applies, the accused shall be treated forall purposes as having been acquitted of the offence to which the proceedings relate.

(4) Regulations under this section which provide for a custody time limit in relation to apreliminary stage shall have no effect where—

(a) a person escapes from the custody of a magistrates' court or the Crown Courtbefore the expiry of the custody time limit,

(b) a person who has been released on bail in consequence of the expiry of acustody time limit fails to surrender himself into the custody of the court atthe appointed time, or

(c) a person who has been released on bail in consequence of the expiry of acustody time limit is arrested by a constable in connection with a breach orapprehended breach of a condition of his bail.

(5) If a person escapes from the custody of a magistrates' court or the Crown Court, theoverall time limit which applies to the stage which proceedings relating to the personhave reached at the time of the escape shall cease to have effect in relation to thoseproceedings.

(6) If a person who has been released on bail fails to surrender himself into the custody ofthe court at the appointed time, the overall time limit which applies to the stage whichproceedings relating to the person have reached at the time of the failure shall ceaseto have effect in relation to those proceedings.

73 Time limits: supplementary

(1) Where a person is convicted of an offence, the exercise of power conferred by virtueof section 72(2)(e) in relation to proceedings for the offence shall not be called intoquestion on an appeal against the conviction.

(2) In the application of section 72 in relation to proceedings on indictment, “preliminarystage” does not include a stage—

(a) after the time when the case for the prosecution is opened, or(b) if the court accepts a plea of guilty before the case for the prosecution is

opened, after the plea is accepted.



(3) In the application of section 72 in relation to summary proceedings, “preliminarystage” does not include a stage—

(a) after the court begins to hear evidence for the prosecution at the trial,(b) if the court accepts a plea of guilty before it has begun to hear evidence for

the prosecution, after the plea is accepted, or(c) after the court begins to consider whether to exercise its power under Article

44(4) of the Mental Health (Northern Ireland) Order 1986 (power to makehospital order without conviction).

(4) In this section and section 72—“custody of the Crown Court” includes custody to which a person is

committed in pursuance of—(a) Article 37 or 40(4) of the Magistrates' Courts (Northern Ireland) Order

1981 (magistrates' court committing accused for trial), or(b) section 51(8) of the Judicature (Northern Ireland) Act 1978 (magistrates'

court dealing with a person arrested under Crown Court warrant),“custody of a magistrates' court” means custody to which a person is

committed in pursuance of Article 47 or 49 of the Magistrates' Courts(Northern Ireland) Order 1981 (remand),

“custody time limit” means a time limit imposed by regulations inpursuance of section 72(1)(b) or, where a limit has been extended by theCrown Court by virtue of section 72(2)(e), the limit as extended,

“law about bail” means—(a) the Magistrates' Courts (Northern Ireland) Order 1981,(b) section 67 of this Act,(c) any other enactment relating to bail, and(d) any rule of law relating to bail, and

“overall time limit” means a time limit imposed by regulations in pursuanceof section 72(1)(a) or, where a limit has been extended by the Crown Courtby virtue of section 72(2)(e), the limit as extended.

(5) For the purposes of the application of a custody time limit in relation to a person whois in the custody of a magistrates' court or the Crown Court—

(a) all periods during which he is in the custody of a magistrates' court in respectof the same offence shall be aggregated and treated as a single continuousperiod; and

(b) all periods during which he is in the custody of the Crown Court in respect ofthe same offence shall be aggregated and treated as a single continuous period.

74 Court for trial

(1) A trial on indictment of a scheduled offence shall be held only at the Crown Courtsitting in Belfast, unless—

(a) the Lord Chancellor after consultation with the Lord Chief Justice of NorthernIreland directs that the trial, or a class of trials within which it falls, shall beheld at the Crown Court sitting elsewhere, or

(b) the Lord Chief Justice of Northern Ireland directs that the trial, or part of it,shall be held at the Crown Court sitting elsewhere.


37


(2) A person committed for trial for a scheduled offence, or for two or more offences atleast one of which is a scheduled offence, shall be committed—

(a) to the Crown Court sitting in Belfast, or(b) where a direction has been given under subsection (1) which concerns the

trial, to the Crown Court sitting at the place specified in the direction;and section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial onindictment) shall have effect accordingly.

(3) Where—(a) a person is committed for trial to the Crown Court sitting in Belfast in

accordance with subsection (2), and(b) a direction is subsequently given under subsection (1), before the

commencement of the trial, altering the place of trial,the person shall be treated as having been committed for trial to the Crown Courtsitting at the place specified in the direction.

75 Mode of trial on indictment

(1) A trial on indictment of a scheduled offence shall be conducted by the court withouta jury.

(2) The court trying a scheduled offence on indictment under this section shall have allthe powers, authorities and jurisdiction which the court would have had if it had beensitting with a jury (including power to determine any question and to make any findingwhich would, apart from this section, be required to be determined or made by a jury).

(3) A reference in an enactment to a jury, the verdict of a jury or the finding of a juryshall, in relation to a trial under this section, be construed as a reference to the court,the verdict of the court or the finding of the court.

(4) Where separate counts of an indictment allege a scheduled offence and a non-scheduled offence, the trial on indictment shall be conducted as if all the offencesalleged in the indictment were scheduled offences.

(5) Subsection (4) is without prejudice to section 5 of the Indictments Act (NorthernIreland) 1945 (orders for amendment of indictment, separate trial and postponementof trial).

(6) Without prejudice to subsection (2), where the court trying a scheduled offence onindictment—

(a) is not satisfied that the accused is guilty of the offence, but(b) is satisfied that he is guilty of a non-scheduled offence of which a jury could

have found him guilty on a trial for the scheduled offence,the court may convict him of the non-scheduled offence.

(7) Where the court trying a scheduled offence convicts the accused of that or some otheroffence, it shall give a judgment stating the reasons for the conviction at or as soon asis reasonably practicable after the time of conviction.

(8) A person convicted of an offence on a trial under this section without a jury may,notwithstanding anything in sections 1 and 10(1) of the Criminal Appeal (NorthernIreland) Act 1980, appeal to the Court of Appeal under Part I of that Act—



(a) against his conviction, on any ground, without the leave of the Court of Appealor a certificate of the judge of the court of trial;

(b) against sentence passed on conviction, without that leave, unless the sentenceis fixed by law.

(9) Where a person is convicted of an offence on a trial under this section, the time forgiving notice of appeal under section 16(1) of that Act shall run from the date ofjudgment if later than the date from which it would run under that subsection.

76 Admission in trial on indictment

(1) This section applies to a trial on indictment for—(a) a scheduled offence, or(b) two or more offences at least one of which is a scheduled offence.

(2) A statement made by the accused may be given in evidence by the prosecution in sofar as—

(a) it is relevant to a matter in issue in the proceedings, and(b) it is not excluded or inadmissible (whether by virtue of subsections (3) to (5)

or otherwise).

(3) Subsections (4) and (5) apply if in proceedings to which this section applies—(a) the prosecution gives or proposes to give a statement made by the accused

in evidence,(b) prima facie evidence is adduced that the accused was subjected to torture,

inhuman or degrading treatment, violence or the threat of violence in order toinduce him to make the statement, and

(c) the prosecution does not satisfy the court that the statement was not obtainedin the manner mentioned in paragraph (b).

(4) If the statement has not yet been given in evidence, the court shall—(a) exclude the statement, or(b) direct that the trial be restarted before a differently constituted court (before

which the statement shall be inadmissible).

(5) If the statement has been given in evidence, the court shall—(a) disregard it, or(b) direct that the trial be restarted before a differently constituted court (before

which the statement shall be inadmissible).

(6) This section is without prejudice to any discretion of a court to—(a) exclude or ignore a statement, or(b) direct a trial to be restarted,

where the court considers it appropriate in order to avoid unfairness to the accused orotherwise in the interests of justice.

77 Possession: onus of proof

(1) This section applies to a trial on indictment for a scheduled offence where the accusedis charged with possessing an article in such circumstances as to constitute an offenceunder any of the enactments listed in subsection (3).


39


(2) If it is proved that the article—(a) was on any premises at the same time as the accused, or(b) was on premises of which the accused was the occupier or which he habitually

used otherwise than as a member of the public,the court may assume that the accused possessed (and, if relevant, knowinglypossessed) the article, unless he proves that he did not know of its presence on thepremises or that he had no control over it.

(3) The following are the offences mentioned in subsection (1)—

“The Explosive Substances Act 1883Section 3, so far as relating to subsection (1)(b) thereof (possessing explosivewith intent to endanger life or cause serious damage to property).Section 4 (possessing explosive in suspicious circumstances).

The Protection of the Person and Property Act (Northern Ireland) 1969Section 2 (possessing petrol bomb, &c. in suspicious circumstances).

The Firearms (Northern Ireland) Order 1981Article 6(1) (manufacturing, dealing in or possessing certain weapons, &c.).Article 17 (possessing firearm or ammunition with intent to endanger life orcause serious damage to property).Article 18(2) (possessing firearm or imitation firearm at time of committing, orbeing arrested for, a specified offence).Article 22(1), (2) or (4) (possession of a firearm or ammunition by a person whohas been sentenced to imprisonment, &c.).Article 23 (possessing firearm or ammunition in suspicious circumstances).”

78 Children: sentence

(1) This section applies where a child is convicted on indictment of a scheduled offencecommitted while this section is in force.

(2) Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998(punishment for serious offence) shall have effect with the substitution for the words“14 years” of the words “five years”.

(3) In this section “child” means a person who has not attained the age of 17.

79 Restricted remission

(1) The remission granted under prison rules in respect of a sentence of imprisonmentpassed in Northern Ireland for a scheduled offence shall not, where it is for a term offive years or more, exceed one-third of the term.

(2) Where a person is sentenced on the same occasion for two or more scheduled offencesto terms which are consecutive, subsection (1) shall apply as if those terms were asingle term.



(3) Where a person is serving two or more terms which are consecutive but not all subjectto subsection (1), the maximum remission granted under prison rules in respect ofthose terms taken together shall be arrived at by calculating the maximum remissionfor each term separately and aggregating the result.

(4) In this section “prison rules” means rules made under section 13 of the Prison Act(Northern Ireland) 1953.

(5) The Secretary of State may by order substitute a different length of sentence and adifferent maximum period of remission for those mentioned in subsection (1).

(6) This section applies where—(a) the scheduled offence is committed while this section is in force,(b) the offence (being a scheduled offence within the meaning of the Northern

Ireland (Emergency Provisions) Act 1996) was committed while section 15of that Act was in force,

(c) the offence (being a scheduled offence within the meaning of the NorthernIreland (Emergency Provisions) Act 1991) was committed while section 14of that Act was in force, or

(d) the offence (being a scheduled offence within the meaning of the NorthernIreland (Emergency Provisions) Act 1978) was committed while section 22of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.

80 Conviction during remission

(1) This section applies where—(a) a person is sentenced to imprisonment or a term of detention in a young

offenders centre for a period exceeding one year,(b) he is discharged from prison or the centre in pursuance of prison rules, and(c) before his sentence or term would have expired (but for the discharge) he

commits, and is convicted on indictment of, a scheduled offence.

(2) If the court before which he is convicted of the scheduled offence sentences him toimprisonment or a term of detention it shall in addition order him to be returned toprison or a young offenders centre for the period between the date of the order and thedate on which the sentence or term mentioned in subsection (1) would have expiredbut for his discharge.

(3) No order shall be made under subsection (2) if the sentence imposed by the court is—(a) a suspended sentence,(b) a sentence of life imprisonment, or(c) a sentence of detention during the Secretary of State’s pleasure under Article

45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

(4) An order made under subsection (2) shall cease to have effect if an appeal against thescheduled offence results in—

(a) the acquittal of the person concerned, or(b) the substitution of a sentence other than imprisonment or a term of detention.

(5) The period for which a person is ordered under this section to be returned to prisonor a young offenders centre—


41


(a) shall be taken to be a sentence of imprisonment or term of detention for thepurposes of the Prison Act (Northern Ireland) 1953 and for the purposes of theTreatment of Offenders Act (Northern Ireland) 1968 other than section 26(2)(reduction for time spent in custody),

(b) shall not be subject to any provision of prison rules for discharge before expiry,and

(c) shall be served before, and be followed by, the sentence or term imposedfor the scheduled offence and be disregarded in determining the appropriatelength of that sentence or term.

(6) For the purposes of this section a certificate purporting to be signed by the governoror deputy governor of a prison or young offenders centre which specifies—

(a) the date on which a person was discharged from prison or a young offenderscentre,

(b) the sentence or term which the person was serving at the time of his discharge,the offence in respect of which the sentence or term was imposed and the dateon which he was convicted of that offence, and

(c) the date on which the person would, but for his discharge in pursuance ofprison rules, have been discharged from prison or a young offenders centre,

shall be evidence of the matters specified.

(7) In this section—“prison rules” means rules made under section 13 of the Prison Act

(Northern Ireland) 1953,“sentence of imprisonment” does not include a committal in default of

payment of any sum of money or for want of sufficient distress to satisfy anysum of money or for failure to do or abstain from doing anything required tobe done or left undone, and

“young offenders centre” has the meaning assigned to it by section 2(a) ofthe Treatment of Offenders Act (Northern Ireland) 1968.

(8) For the purposes of subsection (1) consecutive terms of imprisonment or of detentionin a young offenders centre shall be treated as a single term and a sentence ofimprisonment or detention in a young offenders centre includes—

(a) a sentence or term passed by a court in the United Kingdom or any of theIslands, and

(b) in the case of imprisonment, a sentence passed by a court-martial on a personfound guilty of a civil offence within the meaning of the Army Act 1955, theAir Force Act 1955 and the Naval Discipline Act 1957.

(9) The Secretary of State may by order substitute a different period for the period of oneyear mentioned in subsection (1).

(10) This section applies irrespective of when the discharge from prison or a youngoffenders centre took place but only if—

(a) the scheduled offence is committed while this section is in force,(b) the offence (being a scheduled offence within the meaning of the Northern

Ireland (Emergency Provisions) Act 1996) was committed while section 16of that Act was in force,

(c) the offence (being a scheduled offence within the meaning of the NorthernIreland (Emergency Provisions) Act 1991) was committed while section 15of that Act was in force, or



(d) the offence (being a scheduled offence within the meaning of the NorthernIreland (Emergency Provisions) Act 1978) was committed while section 23of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.

Powers of arrest, search, &c.

81 Arrest of suspected terrorists: power of entry

A constable may enter and search any premises if he reasonably suspects that aterrorist, within the meaning of section 40(1)(b), is to be found there.

82 Arrest and seizure: constables

(1) A constable may arrest without warrant any person if he reasonably suspects that theperson is committing, has committed or is about to commit—

(a) a scheduled offence, or(b) a non-scheduled offence under this Act.

(2) For the purpose of arresting a person under this section a constable may enter andsearch any premises where the person is or where the constable reasonably suspectshim to be.

(3) A constable may seize and retain anything if he reasonably suspects that it is, has beenor is intended to be used in the commission of—

(a) a scheduled offence, or(b) a non-scheduled offence under this Act.

83 Arrest and seizure: armed forces

(1) If a member of Her Majesty’s forces on duty reasonably suspects that a person iscommitting, has committed or is about to commit any offence he may—

(a) arrest the person without warrant, and(b) detain him for a period not exceeding four hours.

(2) A person making an arrest under this section complies with any rule of law requiringhim to state the ground of arrest if he states that he is making the arrest as a memberof Her Majesty’s forces.

(3) For the purpose of arresting a person under this section a member of Her Majesty’sforces may enter and search any premises where the person is.

(4) If a member of Her Majesty’s forces reasonably suspects that a person—(a) is a terrorist (within the meaning of Part V), or(b) has committed an offence involving the use or possession of an explosive or

firearm,he may enter and search any premises where he reasonably suspects the person to befor the purpose of arresting him under this section.

(5) A member of Her Majesty’s forces may seize, and detain for a period not exceedingfour hours, anything which he reasonably suspects is being, has been or is intended tobe used in the commission of an offence under section 93 or 94.


43


(6) The reference to a rule of law in subsection (2) does not include a rule of law whichhas effect only by virtue of the Human Rights Act 1998.

84 Munitions and transmitters

Schedule 10 (which confers power to search for munitions and transmitters) shall haveeffect.

85 Explosives inspectors

(1) An explosives inspector may enter and search any premises for the purpose ofascertaining whether any explosive is unlawfully there.

(2) The power under subsection (1) may not be exercised in relation to a dwelling.

(3) An explosives inspector may stop any person in a public place and search him for thepurpose of ascertaining whether he has any explosive unlawfully with him.

(4) An explosives inspector—(a) may seize any explosive found in the course of a search under this section

unless it appears to him that it is being, has been and will be used only for alawful purpose, and

(b) may retain and, if necessary, destroy it.

(5) In this section “explosives inspector” means an inspector appointed under section 53of the Explosives Act 1875.

86 Unlawfully detained persons

(1) If an officer reasonably believes that a person is unlawfully detained in suchcircumstances that his life is in danger, the officer may enter any premises for thepurpose of ascertaining whether the person is detained there.

(2) In this section “officer” means—(a) a member of Her Majesty’s forces on duty, or(b) a constable.

(3) A dwelling may be entered under subsection (1) only by—(a) a member of Her Majesty’s forces authorised for the purpose by a

commissioned officer of those forces, or(b) a constable authorised for the purpose by an officer of the Royal Ulster

Constabulary of at least the rank of inspector.

87 Examination of documents

(1) A member of Her Majesty’s forces or a constable who performs a search under aprovision of this Part—

(a) may examine any document or record found in order to ascertain whether itcontains information of the kind mentioned in section 58(1)(a) or 103(1)(a),and



(b) if necessary or expedient for the purpose of paragraph (a), may remove thedocument or record to another place and retain it there until the examinationis completed.

(2) Subsection (1) shall not permit a person to examine a document or record if he hasreasonable cause to believe that it is an item subject to legal privilege (within themeaning of the Police and Criminal Evidence (Northern Ireland) Order 1989).

(3) Subject to subsections (4) and (5), a document or record may not be retained by virtueof subsection (1)(b) for more than 48 hours.

(4) An officer of the Royal Ulster Constabulary who is of at least the rank of chiefinspector may authorise a constable to retain a document or record for a further periodor periods.

(5) Subsection (4) does not permit the retention of a document or record after the end ofthe period of 96 hours beginning with the time when it was removed for examinationunder subsection (1)(b).

(6) A person who wilfully obstructs a member of Her Majesty’s forces or a constable inthe exercise of a power conferred by this section commits an offence.

(7) A person guilty of an offence under subsection (6) shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding two



88 Examination of documents: procedure

(1) Where a document or record is examined under section 87—(a) it shall not be photographed or copied, and(b) the person who examines it shall make a written record of the examination as

soon as is reasonably practicable.

(2) The record shall—(a) describe the document or record,(b) specify the object of the examination,(c) state the address of the premises where the document or record was found,(d) where the document or record was found in the course of a search of a person,

state the person’s name,(e) where the document or record was found in the course of a search of any

premises, state the name of a person appearing to the person making the recordto be the occupier of the premises or to have had custody or control of thedocument or record when it was found,

(f) where the document or record is removed for examination from the placewhere it was found, state the date and time when it was removed, and

(g) where the document or record was examined at the place where it was found,state the date and time of examination.

(3) The record shall identify the person by whom the examination was carried out—(a) in the case of a constable, by reference to his police number, and


45


(b) in the case of a member of Her Majesty’s forces, by reference to his servicenumber, rank and regiment.

(4) Where a person makes a record of a search in accordance with this section, he shallas soon as is reasonably practicable supply a copy—

(a) in a case where the document or record was found in the course of a searchof a person, to that person, and

(b) in a case where the document or record was found in the course of a search ofany premises, to a person appearing to the person making the record to be theoccupier of the premises or to have had custody or control of the documentor record when it was found.

89 Power to stop and question

(1) An officer may stop a person for so long as is necessary to question him to ascertain—(a) his identity and movements;(b) what he knows about a recent explosion or another recent incident

endangering life;(c) what he knows about a person killed or injured in a recent explosion or

incident.

(2) A person commits an offence if he—(a) fails to stop when required to do so under this section,(b) refuses to answer a question addressed to him under this section, or(c) fails to answer to the best of his knowledge and ability a question addressed

to him under this section.

(3) A person guilty of an offence under this section shall be liable on summary convictionto a fine not exceeding level 5 on the standard scale.


90 Power of entry

(1) An officer may enter any premises if he considers it necessary in the course ofoperations for the preservation of the peace or the maintenance of order.


91 Taking possession of land, &c

If the Secretary of State considers it necessary for the preservation of the peace or themaintenance of order, he may authorise a person—

(a) to take possession of land or other property;(b) to take steps to place buildings or other structures in a state of defence;(c) to detain property or cause it to be destroyed or moved;



(d) to carry out works on land of which possession has been taken by virtue ofthis section;

(e) to take any other action which interferes with a public right or with a privateright of property.

92 Road closure: permission

(1) If he considers it immediately necessary for the preservation of the peace or themaintenance of order, an officer may—

(a) wholly or partly close a road;(b) divert or otherwise interfere with a road or the use of a road;(c) prohibit or restrict the exercise of a right of way;(d) prohibit or restrict the use of a waterway.

(2) In this section “officer” means—(a) a member of Her Majesty’s forces on duty,(b) a constable, or(c) a person authorised for the purposes of this section by the Secretary of State.

93 Sections 91 and 92: supplementary

(1) A person commits an offence if he interferes with—(a) works executed in connection with the exercise of powers conferred by virtue

of section 91 or 92, or(b) any apparatus, equipment or other thing used in connection with the exercise

of those powers.

(2) It is a defence for a person charged with an offence under this section to prove that hehad a reasonable excuse for his interference.



(4) An authorisation to exercise powers under section 91 or 92 may authorise—(a) the exercise of all those powers, or(b) the exercise of a specified power or class of powers.

(5) An authorisation to exercise powers under section 91 or 92 may be addressed—(a) to specified persons, or(b) to persons of a specified class.

94 Road closure: direction

(1) If the Secretary of State considers it necessary for the preservation of the peace or themaintenance of order he may by order direct that a specified road—

(a) shall be wholly closed,(b) shall be closed to a specified extent, or


47


(c) shall be diverted in a specified manner.

(2) A person commits an offence if he interferes with—(a) road closure works, or(b) road closure equipment.

(3) A person commits an offence if—(a) he executes any bypass works within 200 metres of road closure works,(b) he has in his possession or under his control, within 200 metres of road closure

works, materials or equipment suitable for executing bypass works, or(c) he knowingly permits on land occupied by him the doing or occurrence of

anything which is an offence under paragraph (a) or (b).

(4) It is a defence for a person charged with an offence under this section to prove that hehad a reasonable excuse for his action, possession, control or permission.



(6) In this section—“bypass works” means works which facilitate the bypassing by vehicles of

road closure works,“road closure equipment” means any apparatus, equipment or other thing

used in pursuance of an order under this section in connection with the closureor diversion of a road, and

“road closure works” means works executed in connection with the closureor diversion of a road specified in an order under this section (whetherexecuted in pursuance of the order or in pursuance of power under anenactment to close or divert the road).

95 Sections 81 to 94: supplementary

(1) This section applies in relation to sections 81 to 94.

(2) A power to enter premises may be exercised by reasonable force if necessary.

(3) A power to search premises shall, in its application to vehicles (by virtue ofsection 121), be taken to include—

(a) power to stop a vehicle (other than an aircraft which is airborne), and(b) power to take a vehicle or cause it to be taken, where necessary or expedient,

to any place for the purpose of carrying out the search.

(4) A person commits an offence if he fails to stop a vehicle when required to do so byvirtue of this section.





(6) In the application to a place or vehicle (by virtue of section 121) of a power to searchpremises—

(a) a reference to the address of the premises shall be construed as a referenceto the location of the place or vehicle together with its registration number(if any), and

(b) a reference to the occupier of the premises shall be construed as a referenceto the occupier of the place or the person in charge of the vehicle.

(7) Where a search is carried out under Schedule 10 in relation to a vehicle (by virtue ofsection 121), the person carrying out the search may, if he reasonably believes that itis necessary in order to carry out the search or to prevent it from being frustrated—

(a) require a person in or on the vehicle to remain with it;(b) require a person in or on the vehicle to go to and remain at any place to which

the vehicle is taken by virtue of subsection (3)(b);(c) use reasonable force to secure compliance with a requirement under

paragraph (a) or (b) above.

(8) Paragraphs 4(2) and (3), 8 and 9 of Schedule 10 shall apply to a requirement imposedunder subsection (7) as they apply to a requirement imposed under that Schedule.

(9) Paragraph 8 of Schedule 10 shall apply in relation to the search of a vehicle which isnot habitually stationary only if it is moved for the purpose of the search by virtue ofsubsection (3)(b); and where that paragraph does apply, the reference to the addressof the premises shall be construed as a reference to the location where the vehicle issearched together with its registration number (if any).

(10) A member of Her Majesty’s forces exercising any power when he is not in uniformshall, if requested to do so by any person at or about the time of exercising the power,produce to that person documentary evidence that he is a member of Her Majesty’sForces.

Miscellaneous

96 Preservation of the peace: regulations

(1) The Secretary of State may by regulations make provision for promoting thepreservation of the peace and the maintenance of order.

(2) The regulations may authorise the Secretary of State to make orders or give directionsfor specified purposes.

(3) A person commits an offence if he contravenes or fails to comply with—(a) regulations under this section, or(b) an order or direction made or given under regulations made under this section.




49


97 Port and border controls

(1) The Secretary of State may by order provide for members of Her Majesty’s Forces toperform specified functions conferred on examining officers under Schedule 7.

(2) A member of Her Majesty’s Forces exercising functions by virtue of subsection (1)shall be treated as an examining officer within the meaning of Schedule 7 for allpurposes of this Act except for paragraphs 5 and 6 of Schedule 14.

(3) The Secretary of State may by order make provision, including provisionsupplementing or modifying Schedule 7, about entering or leaving Northern Irelandby land.

98 Independent Assessor of Military Complaints Procedures

(1) The Secretary of State may appoint a person to be known as the Independent Assessorof Military Complaints Procedures in Northern Ireland.

(2) A person may be appointed as the Independent Assessor only if—(a) he is not a serving member of Her Majesty’s forces, and(b) he has not been a serving member at any time during the period of 20 years

ending with the date of the appointment.

(3) The Independent Assessor—(a) shall keep under review the procedures adopted by the General Officer

Commanding Northern Ireland for receiving, investigating and responding tocomplaints to which this section applies,

(b) shall receive and investigate any representations about those procedures,(c) may investigate the operation of those procedures in relation to a particular

complaint or class of complaints,(d) may require the General Officer Commanding to review a particular case or

class of cases in which the Independent Assessor considers that any of thoseprocedures have operated inadequately, and

(e) may make recommendations to the General Officer Commanding aboutinadequacies in those procedures, including inadequacies in the way in whichthey operate in relation to a particular complaint or class of complaints.

(4) This section applies to complaints about the behaviour of a member of Her Majesty’sforces under the command of the General Officer Commanding Northern Ireland,other than—

(a) a complaint which is referred by the General Officer Commanding to theRoyal Ulster Constabulary and which is not remitted by the Royal UlsterConstabulary to the General Officer Commanding to be dealt with by him,

(b) a complaint about a matter in respect of which a claim for compensation hasbeen made under Schedule 12, and

(c) a complaint about a matter which is the subject of proceedings involving aclaim for compensation which have been instituted in a court.

(5) The General Officer Commanding Northern Ireland shall—(a) provide such information,(b) disclose such documents, and(c) provide such assistance,



as the Independent Assessor may reasonably require for the purpose of theperformance of his functions.

(6) Schedule 11 (which makes supplementary provision about the Independent Assessor)shall have effect.

99 Police and army powers: code of practice

(1) The Secretary of State may make codes of practice in connection with—(a) the exercise by police officers of any power conferred by this Act, and(b) the seizure and retention of property found by police officers when exercising

powers of search conferred by any provision of this Act.

(2) The Secretary of State may make codes of practice in connection with the exercise bymembers of Her Majesty’s forces of powers by virtue of this Part.

(3) In this section “police officer” means a member of the Royal Ulster Constabulary orthe Royal Ulster Constabulary Reserve.

100 Video recording: code of practice

(1) The Secretary of State shall—(a) make a code of practice about the silent video recording of interviews to which

this section applies, and(b) make an order requiring the silent video recording of interviews to which this

section applies in accordance with the code.

(2) This section applies to—(a) interviews by police officers of persons detained under section 41 if they take

place in a police station (within the meaning of Schedule 8), and(b) interviews held by police officers in such other circumstances as the Secretary

of State may specify by order.

(3) In this section “police officer” means a member of the Royal Ulster Constabulary orthe Royal Ulster Constabulary Reserve.

101 Codes of practice: supplementary

(1) This section applies to a code of practice under section 99 or 100.

(2) Where the Secretary of State proposes to issue a code of practice he shall—(a) publish a draft,(b) consider any representations made to him about the draft, and(c) if he thinks it appropriate, modify the draft in the light of any representations

made to him.

(3) The Secretary of State shall lay a draft of the code before Parliament.

(4) When the Secretary of State has laid a draft code before Parliament he may bring itinto operation by order.

(5) The Secretary of State may revise the whole or any part of a code of practice issuedby him and issue the code as revised; and subsections (2) to (4) shall apply to such arevised code as they apply to an original code.


51


(6) A failure by a police officer to comply with a provision of a code shall not of itselfmake him liable to criminal or civil proceedings.

(7) A failure by a member of Her Majesty’s forces to comply with a provision of a codeshall not of itself make him liable to any criminal or civil proceedings other than—

(a) proceedings under any provision of the Army Act 1955 or the Air Force Act1955 other than section 70 (civil offences), and

(b) proceedings under any provision of the Naval Discipline Act 1957 other thansection 42 (civil offences).

(8) A code—(a) shall be admissible in evidence in criminal or civil proceedings, and(b) shall be taken into account by a court or tribunal in any case in which it appears

to the court or tribunal to be relevant.

(9) In this section—“criminal proceedings” includes proceedings in Northern Ireland before a

court-martial constituted under the Army Act 1955, the Air Force Act 1955or the Naval Discipline Act 1957 or a disciplinary court constituted undersection 50 of the 1957 Act and proceedings in Northern Ireland before theCourts-Martial Appeal Court, and

“police officer” means a member of the Royal Ulster Constabulary or theRoyal Ulster Constabulary Reserve.

102 Compensation

Schedule 12 (which provides for compensation to be paid for certain action takenunder this Part) shall have effect.

103 Terrorist information

(1) A person commits an offence if—(a) he collects, makes a record of, publishes, communicates or attempts to elicit

information about a person to whom this section applies which is of a kindlikely to be useful to a person committing or preparing an act of terrorism, or

(b) he possesses a document or record containing information of that kind.

(2) This section applies to a person who is or has been—(a) a constable,(b) a member of Her Majesty’s Forces,(c) the holder of a judicial office,(d) an officer of any court, or(e) a full-time employee of the prison service in Northern Ireland.

(3) In this section “record” includes a photographic or electronic record.

(4) If it is proved in proceedings for an offence under subsection (1)(b) that a documentor record—

(a) was on any premises at the same time as the accused, or(b) was on premises of which the accused was the occupier or which he habitually

used otherwise than as a member of the public,



the court may assume that the accused possessed the document or record, unless heproves that he did not know of its presence on the premises or that he had no controlover it.

(5) It is a defence for a person charged with an offence under this section to prove that hehad a reasonable excuse for his action or possession.




(7) A court by or before which a person is convicted of an offence under this sectionmay order the forfeiture of any document or record containing information of the kindmentioned in subsection (1)(a).



104 Police powers: records

The Chief Constable of the Royal Ulster Constabulary shall make arrangements forsecuring that a record is made of each exercise by a constable of a power under thisPart in so far as—

(a) it is reasonably practicable to do so, and(b) a record is not required to be made under another enactment.

105 Powers

A power conferred on a person by virtue of this Part—(a) is additional to powers which he has at common law or by virtue of any other

enactment, and(b) shall not be taken to affect those powers or Her Majesty’s prerogative.

106 Private security services

Schedule 13 (private security services) shall have effect.

Specified organisations

107 Specified organisations: interpretation

For the purposes of sections 108 to 111 an organisation is specified at a particular timeif at that time—

(a) it is specified under section 3(8) of the Northern Ireland (Sentences) Act 1998,and


53


(b) it is, or forms part of, an organisation which is proscribed for the purposesof this Act.

108 Evidence

(1) This section applies where a person is charged with an offence under section 11.

(2) Subsection (3) applies where a police officer of at least the rank of superintendentstates in oral evidence that in his opinion the accused—

(a) belongs to an organisation which is specified, or(b) belonged to an organisation at a time when it was specified.

(3) Where this subsection applies—(a) the statement shall be admissible as evidence of the matter stated, but(b) the accused shall not be committed for trial, be found to have a case to answer

or be convicted solely on the basis of the statement.

(4) In this section “police officer” means a member of—(a) a police force within the meaning of the Police Act 1996 or the Police

(Scotland) Act 1967, or(b) the Royal Ulster Constabulary.

109 Inferences

(1) This section applies where a person is charged with an offence under section 11.

(2) Subsection (4) applies where evidence is given that—(a) at any time before being charged with the offence the accused, on being

questioned under caution by a constable, failed to mention a fact which ismaterial to the offence and which he could reasonably be expected to mention,and

(b) before being questioned the accused was permitted to consult a solicitor.

(3) Subsection (4) also applies where evidence is given that—(a) on being charged with the offence or informed by a constable that he might

be prosecuted for it the accused failed to mention a fact which is material tothe offence and which he could reasonably be expected to mention, and

(b) before being charged or informed the accused was permitted to consult asolicitor.

(4) Where this subsection applies—(a) the court, in considering any question whether the accused belongs or

belonged at a particular time to a specified organisation, may draw from thefailure inferences relating to that question, but

(b) the accused shall not be committed for trial, be found to have a case to answeror be convicted solely on the basis of the inferences.

(5) Subject to any directions by the court, evidence tending to establish the failure maybe given before or after evidence tending to establish the fact which the accused isalleged to have failed to mention.



110 Sections 108 and 109: supplementary

(1) Nothing in section 108 or 109 shall—(a) prejudice the admissibility of evidence admissible apart from that section,(b) preclude the drawing of inferences which could be drawn apart from that

section, or(c) prejudice an enactment providing (in whatever words) that an answer or

evidence given by a person in specified circumstances is not admissible inevidence against him or some other person in any proceedings or class ofproceedings (however described, and whether civil or criminal).

(2) In subsection (1)(c) the reference to giving evidence is a reference to giving it in anymanner (whether by giving information, making discovery, producing documents orotherwise).

111 Forfeiture orders

(1) This section applies if—(a) a person is convicted of an offence under section 11 or 12, and(b) at the time of the offence he belonged to an organisation which was a specified

organisation.

(2) The court by or before which the person is convicted may order the forfeiture of anymoney or other property if—

(a) he had it in his possession or under his control at the time of the offence, and(b) it has been used in connection with the activities of the specified organisation

or the court believes that it may be used in that connection unless it is forfeited.

(3) Before making an order under this section the court must give an opportunity to beheard to any person, other than the convicted person, who claims to be the owner ofor otherwise interested in anything which can be forfeited under this section.

(4) A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfied shall bedetermined on the balance of probabilities.

(5) Schedule 4 shall apply (with the necessary modifications) in relation to orders underthis section as it applies in relation to orders made under section 23.

Duration of Part VII

112 Expiry and revival

(1) This Part shall (subject to subsection (2)) cease to have effect at the end of the periodof one year beginning with the day on which it is brought into force.

(2) The Secretary of State may by order provide—(a) that a provision of this Part which is in force (whether or not by virtue of this

subsection) shall continue in force for a specified period not exceeding twelvemonths;

(b) that a provision of this Part shall cease to have effect;(c) that a provision of this Part which is not in force (whether or not by virtue

of this subsection) shall come into force and remain in force for a specifiedperiod not exceeding twelve months.


55


(3) An order under subsection (2) may make provision with respect to a provision of thisPart—

(a) generally,(b) only in so far as it concerns powers of members of Her Majesty’s Forces, or(c) except in so far as it concerns powers of members of Her Majesty’s Forces.

(4) This Part shall, by virtue of this subsection, cease to have effect at the end of the periodof five years beginning with the day on which it is brought into force.

(5) The following provisions shall be treated for the purposes of this section as formingpart of this Part of this Act—

(a) paragraphs 36 and 37 of Schedule 4, and(b) paragraphs 19 to 21 of Schedule 5.

113 Transitional provisions

(1) Where a provision of sections 74 to 77 comes into force by virtue of an order undersection 112(2), that shall not affect a trial on indictment where the indictment has beenpresented before the provision comes into force.

(2) Where a provision of sections 74 to 77 ceases to have effect (whether or not by virtueof an order under section 112(2)), that shall not affect the application of the provisionto a trial on indictment where the indictment has been presented before the provisionceases to have effect.

(3) If when section 74(1) comes into force by virtue of an order under section 112(2) aperson has been committed for trial for a scheduled offence and the indictment hasnot been presented, then on the coming into force of section 74(1) he shall, if he wascommitted to the Crown Court sitting elsewhere than in Belfast, be treated as havingbeen committed—

(a) to the Crown Court sitting in Belfast, or(b) where a direction is given under section 74(1) which affects the trial, to the

Crown Court sitting at the place specified in the direction.

(4) Where section 74 ceases to have effect (whether or not by virtue of an order undersection 112(2)), that shall not affect—

(a) the committal of a person for trial in accordance with that provision to theCrown Court sitting either in Belfast or elsewhere, or

(b) the committal of a person for trial which, in accordance with that provision,has taken effect as a committal for trial to the Crown Court sitting elsewherethan in Belfast,

in a case where the indictment has not been presented.

(5) Where section 79 or 80 ceases to have effect (whether or not by virtue of an orderunder section 112(2)), that shall not affect the operation of the section in relation to anoffence committed while it, or a corresponding earlier enactment, was in force.

(6) Sections 108 and 109 shall not apply to a statement made or failure occurring before4th September 1998.

(7) Where section 108 or 109 comes into force by virtue of an order under section 112(2)it shall not apply to a statement made or failure occurring while the section was notin force.

56 Terrorism Act 2000 (c. 11)Part VIII – General


(8) Section 111 applies where an offence is committed on or after 4th September 1998;and for this purpose an offence committed over a period of more than one day or atsome time during a period of more than one day shall be taken to be committed onthe last of the days in the period.

(9) Paragraph 19 of Schedule 9 shall have effect only in relation to an offence alleged tohave been committed after the coming into force of that Schedule.

PART VIII

GENERAL

114 Police powers

(1) A power conferred by virtue of this Act on a constable—(a) is additional to powers which he has at common law or by virtue of any other

enactment, and(b) shall not be taken to affect those powers.

(2) A constable may if necessary use reasonable force for the purpose of exercising apower conferred on him by virtue of this Act (apart from paragraphs 2 and 3 ofSchedule 7).

(3) Where anything is seized by a constable under a power conferred by virtue of this Act,it may (unless the contrary intention appears) be retained for so long as is necessaryin all the circumstances.

115 Officers' powers

Schedule 14 (which makes provision about the exercise of functions by authorisedofficers for the purposes of sections 25 to 31 and examining officers for the purposesof Schedule 7) shall have effect.

116 Powers to stop and search

(1) A power to search premises conferred by virtue of this Act shall be taken to includepower to search a container.

(2) A power conferred by virtue of this Act to stop a person includes power to stop avehicle (other than an aircraft which is airborne).

(3) A person commits an offence if he fails to stop a vehicle when required to do so byvirtue of this section.



Terrorism Act 2000 (c. 11)Part VIII – GeneralDocument Generated: 2021-01-24

57


117 Consent to prosecution

(1) This section applies to an offence under any provision of this Act other than an offenceunder—

(a) section 36,(b) section 51,(c) paragraph 18 of Schedule 7,(d) paragraph 12 of Schedule 12, or(e) Schedule 13.

(2) Proceedings for an offence to which this section applies—(a) shall not be instituted in England and Wales without the consent of the Director

of Public Prosecutions, and(b) shall not be instituted in Northern Ireland without the consent of the Director

of Public Prosecutions for Northern Ireland.

(3) Where it appears to the Director of Public Prosecutions or the Director of PublicProsecutions for Northern Ireland that an offence to which this section applies iscommitted for a purpose connected with the affairs of a country other than the UnitedKingdom—

(a) subsection (2) shall not apply, and(b) proceedings for the offence shall not be instituted without the consent of the

Attorney General or the Attorney General for Northern Ireland.

118 Defences

(1) Subsection (2) applies where in accordance with a provision mentioned insubsection (5) it is a defence for a person charged with an offence to prove a particularmatter.

(2) If the person adduces evidence which is sufficient to raise an issue with respect to thematter the court or jury shall assume that the defence is satisfied unless the prosecutionproves beyond reasonable doubt that it is not.

(3) Subsection (4) applies where in accordance with a provision mentioned insubsection (5) a court—

(a) may make an assumption in relation to a person charged with an offence unlessa particular matter is proved, or

(b) may accept a fact as sufficient evidence unless a particular matter is proved.

(4) If evidence is adduced which is sufficient to raise an issue with respect to the mattermentioned in subsection (3)(a) or (b) the court shall treat it as proved unless theprosecution disproves it beyond reasonable doubt.

(5) The provisions in respect of which subsections (2) and (4) apply are—(a) sections 12(4), 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and(b) sections 13, 32 and 33 of the Northern Ireland (Emergency Provisions) Act

1996 (possession and information offences) as they have effect by virtue ofSchedule 1 to this Act.



119 Crown servants, regulators, &c

(1) The Secretary of State may make regulations providing for any of sections 15 to 23and 39 to apply to persons in the public service of the Crown.

(2) The Secretary of State may make regulations providing for section 19 not to applyto persons who are in his opinion performing or connected with the performance ofregulatory, supervisory, investigative or registration functions of a public nature.

(3) Regulations—(a) may make different provision for different purposes,(b) may make provision which is to apply only in specified circumstances, and(c) may make provision which applies only to particular persons or to persons of

a particular description.

120 Evidence

(1) A document which purports to be—(a) a notice or direction given or order made by the Secretary of State for the

purposes of a provision of this Act, and(b) signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed to havebeen given or made by the Secretary of State.

(2) A document bearing a certificate which—(a) purports to be signed by or on behalf of the Secretary of State, and(b) states that the document is a true copy of a notice or direction given or order

made by the Secretary of State for the purposes of a provision of this Act,shall be evidence (or, in Scotland, sufficient evidence) of the document in legalproceedings.

(3) In subsections (1) and (2) a reference to an order does not include a reference to anorder made by statutory instrument.

(4) The Documentary Evidence Act 1868 shall apply to an authorisation given in writingby the Secretary of State for the purposes of this Act as it applies to an order madeby him.

121 Interpretation

In this Act—“act” and “action” include omission,“article” includes substance and any other thing,“customs officer” means an officer commissioned by the Commissioners ofCustoms and Excise under section 6(3) of the Customs and Excise ManagementAct 1979,“dwelling” means a building or part of a building used as a dwelling, and a vehiclewhich is habitually stationary and which is used as a dwelling,“explosive” means—

(a) an article or substance manufactured for the purpose of producing apractical effect by explosion,

(b) materials for making an article or substance within paragraph (a),


59


(c) anything used or intended to be used for causing or assisting in causingan explosion, and

(d) a part of anything within paragraph (a) or (c),“firearm” includes an air gun or air pistol,“immigration officer” means a person appointed as an immigration officer underparagraph 1 of Schedule 2 to the Immigration Act 1971,“the Islands” means the Channel Islands and the Isle of Man,“organisation” includes any association or combination of persons,“premises” includes any place and in particular includes—

(a) a vehicle,(b) an offshore installation within the meaning given in section 44 of the

Petroleum Act 1998, and(c) a tent or moveable structure,

“property” includes property wherever situated and whether real or personal,heritable or moveable, and things in action and other intangible or incorporealproperty,“public place” means a place to which members of the public have or are permittedto have access, whether or not for payment,“road” has the same meaning as in the Road Traffic Act 1988 (in relation toEngland and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) andthe Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to NorthernIreland), and includes part of a road, and“vehicle”, except in sections 48 to 52 and Schedule 7, includes an aircraft,hovercraft, train or vessel.

122 Index of defined expressions

In this Act the expressions listed below are defined by the provisions specified.

Expression Interpretation provision

Act Section 121Action Section 121Action taken for the purposes ofterrorism

Section 1(5)

Article Section 121Authorised officer Section 24(1)Cash Section 24(2)Cordoned area Section 33Customs officer Section 121Dwelling Section 121Examining officer Schedule 7, paragraph 1Explosive Section 121Firearm Section 121



Expression Interpretation provision

Immigration officer Section 121The Islands Section 121Organisation Section 121Premises Section 121Property Section 121Proscribed organisation Section 3(1)Public place Section 121Road Section 121Scheduled offence (in Part VII) Section 65Terrorism Section 1Terrorist (in Part V) Section 40Terrorist investigation Section 32Terrorist property Section 14Vehicle Section 121Vehicle (in sections 48 to 51) Section 52

123 Orders and regulations

(1) An order or regulations made by the Secretary of State under this Act—(a) shall be made by statutory instrument,(b) may contain savings and transitional provisions, and(c) may make different provision for different purposes.

(2) Subject to subsection (3), an order or regulations under any of the following provisionsshall be subject to annulment in pursuance of a resolution of either House ofParliament—

(a) section 4(3);(b) section 24(2)(e);(c) section 72;(d) section 79(5);(e) section 80(9);(f) section 97(1) or (3);(g) section 100(1)(b);(h) section 119(1) or (2);(i) paragraph 52(1)(a) or (b) of Schedule 4;(j) paragraph 17(4) of Schedule 7;(k) paragraph 3(1)(b) of Schedule 8;(l) paragraph 19 of Schedule 8.

(3) In the cases of—(a) the first order to be made under paragraph 17(4) of Schedule 7, and


61


(b) the first order to be made under paragraph 19 of Schedule 8,the order shall not be made unless a draft has been laid before and approved byresolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).

(4) An order or regulations under any of the following provisions shall not be made,subject to subsection (5), unless a draft has been laid before and approved by resolutionof each House of Parliament—

(a) section 3(3);(b) section 53(2);(c) section 65(3);(d) section 96;(e) section 101(4);(f) section 112(2);(g) paragraph 2(2) of Schedule 1;(h) paragraph 6(2) or 7(3) of Schedule 6;(i) paragraph 16 of Schedule 7;(j) paragraph 3(2) of Schedule 8;(k) paragraph 4(4) of Schedule 8;(l) paragraph 4(1)(e) of Schedule 14;

(m) paragraph 7(3) of Schedule 14.

(5) An order or regulations under a provision mentioned in subsection (4), except forparagraph (b), may be made without a draft having been approved if the Secretary ofState is of the opinion that it is necessary by reason of urgency; and the order—

(a) shall contain a declaration of the Secretary of State’s opinion, and(b) shall cease to have effect at the end of the period of 40 days beginning with

the day on which the Secretary of State makes the order, unless a resolutionapproving the order is passed by each House during that period.

(6) For the purposes of subsection (5)—(a) a code of practice or revised code to which an order relates shall cease to have

effect together with the order,(b) an order’s ceasing to have effect shall be without prejudice to anything

previously done or to the making of a new order (or the issue of a new code),and

(c) the period of 40 days shall be computed in accordance with section 7(1) ofthe Statutory Instruments Act 1946.

(7) An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.

(8) Subsection (1)(a) does not apply to an order made—(a) under section 94,(b) by virtue of paragraph 36 of Schedule 4, or(c) under or by virtue of any of paragraphs 19 to 21 of Schedule 5.

(9) Subsections (1)(a) and (4)(d) do not apply to an order made under regulations madeunder section 96.

124 Directions

A direction given under this Act may be varied or revoked by a further direction.



125 Amendments and repeals

(1) Schedule 15 (consequential amendments) shall have effect.

(2) The enactments listed in Schedule 16 are hereby repealed or revoked to the extentspecified.

126 Report to Parliament

The Secretary of State shall lay before both Houses of Parliament at least once in every12 months a report on the working of this Act.

127 Money

The following shall be paid out of money provided by Parliament—(a) any expenditure of a Minister of the Crown under or by virtue of this Act, and(b) any increase in the sums payable out of money provided by Parliament under

any other enactment.

128 Commencement

The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 andSchedule 1, shall come into force in accordance with provision made by the Secretaryof State by order.

129 Transitional provisions

(1) Where, immediately before the coming into force of section 2(1)(a), a person isbeing detained by virtue of a provision of the Prevention of Terrorism (TemporaryProvisions) Act 1989—

(a) the provisions of that Act shall continue to apply to him, in place of thecorresponding provisions of this Act, until his detention comes to an end, and

(b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to himduring his detention.

(2) Where—(a) a person is detained by virtue of a provision of the Northern Ireland

(Emergency Provisions) Act 1996 (as continued in force by virtue ofSchedule 1 to this Act), and

(b) the provision ceases to have effect,he shall be treated as lawfully detained under any corresponding provision of this Act.

(3) Where this Act repeals and re-enacts a provision of—(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or(b) the Northern Ireland (Emergency Provisions) Act 1996,

the repeal and re-enactment shall not, unless the contrary intention appears, affect thecontinuity of the law.

(4) A reference in this Act or any other enactment or instrument to a provision of this Actshall (so far as the context permits) be taken to include a reference to a correspondingprovision repealed by this Act.


63


(5) The repeal by virtue of this Act of section 14 of the Northern Ireland (EmergencyProvisions) Act 1996 (young persons convicted of scheduled offences) shall not affectits operation in relation to offences committed while it was in force.

(6) Any document made, served or issued after the commencement of paragraph (a) or (b)of section 2(1) which contains a reference to an enactment repealed by that paragraphshall, so far as the context permits, be construed as referring to or (as the context mayrequire) including a reference to the corresponding provision of this Act.

(7) Any document made, served or issued after the commencement of this Act whichcontains a reference to a provision of this Act shall, so far as the context permits, beconstrued as referring to or (as the context may require) including a reference to thecorresponding provision of—

(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or(b) the Northern Ireland (Emergency Provisions) Act 1996.

(8) Section 117 shall apply to the institution of proceedings after commencement of thatsection whether the offence to which the proceedings relate (which may, by virtue ofsubsection (4) above, be an offence under a provision repealed by this Act) is allegedto have been committed before or after commencement of that section.

130 Extent

(1) Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.

(2) Section 59 shall extend to England and Wales only.

(3) The following shall extend to Northern Ireland only—(a) section 60, and(b) Part VII.

(4) Section 61 shall extend to Scotland only.

(5) In Schedule 5—(a) Part I shall extend to England and Wales and Northern Ireland only, and(b) Part II shall extend to Scotland only.

(6) The amendments and repeals in Schedules 15 and 16 shall have the same extent as theenactments to which they relate.

131 Short title

This Act may be cited as the Terrorism Act 2000.

64 Terrorism Act 2000 (c. 11)SCHEDULE 1 – Northern Ireland (Emergency Provisions) Act 1996


S C H E D U L E S

SCHEDULE 1 Section 2.

NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1996

Temporary extension1 (1) This paragraph applies to any of the following if and in so far as it is in force

immediately before the passing of this Act by virtue of an order under section 62(3)of the Northern Ireland (Emergency Provisions) Act 1996 (duration)—

(a) a provision of the Northern Ireland (Emergency Provisions) Act 1996 (otherthan one mentioned in sub-paragraph (2)),

(b) a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989,and

(c) section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998(forfeiture orders).

(2) This paragraph does not apply to the following provisions of the Northern Ireland(Emergency Provisions) Act 1996—

(a) section 26(1)(b) (power of entry on authority of Secretary of State),(b) section 35 (wearing of hoods), and(c) section 50 (explosives factories).

2 (1) A provision to which paragraph 1 applies shall continue in force for the period of 12months starting with the day on which this Act is passed.

(2) The Secretary of State may by order provide for a provision to which paragraph 1applies to continue in force for the period of 12 months immediately following theperiod mentioned in sub-paragraph (1).

3 (1) The powers under section 62(3)(a) and (c) of the Northern Ireland (EmergencyProvisions) Act 1996 shall continue to be exercisable in relation to a provision towhich paragraph 1 applies in respect of any period falling within—

(a) the period mentioned in paragraph 2(1), or(b) a period specified in relation to that provision under paragraph 2(2).

(2) The power under section 62(3)(b) of the Northern Ireland (Emergency Provisions)Act 1996 shall continue to be exercisable in relation to a provision to which paragraph1 applies at any time during—

(a) the period mentioned in paragraph 2(1), or(b) a period specified in relation to that provision under paragraph 2(2).

4 The Secretary of State may by order provide for a provision to which paragraph1 applies—

(a) to cease to have effect on a specified day;(b) to cease to be capable of being the subject of an order under section 62(3)

of the Northern Ireland (Emergency Provisions) Act 1996.

Terrorism Act 2000 (c. 11)SCHEDULE 1 – Northern Ireland (Emergency Provisions) Act 1996Document Generated: 2021-01-24

65


5 The continuance in force of a provision by virtue of paragraph 2 is subject to anyorder made by virtue of paragraph 3 or 4.

6 (1) A provision of the Northern Ireland (Emergency Provisions) Act 1996 to whichparagraph 1 does not apply shall continue to have effect for the purposes of, or in sofar it relates to, any provision to which that paragraph does apply.

(2) While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue ofthis Schedule, the following shall also have effect—

(a) Part III of that Schedule (extra-territorial offences), and(b) sections 3, 10 and 11 of that Act so far as they relate to offences which are

scheduled offences by virtue of that Part.

Amendments during temporary extension7 The provisions of the 1996 Act which continue in force by virtue of this Schedule

shall be amended as follows.8 In section 19 (arrest and seizure) after subsection (4) insert—

“(5) The reference to a rule of law in subsection (2) does not include a rule of lawwhich has effect only by virtue of the Human Rights Act 1998.”

9 In section 20 (search for munitions, &c.) after subsection (5) insert—

“(5A) The power to extend a period conferred by subsection (5) may be exercisedonly once in relation to a particular search.”

10 In section 26 (powers of entry, &c.) after subsection (2) insert—

“(2A) The Secretary of State may grant an authorisation under subsection (2)only if he considers it necessary for the preservation of the peace or themaintenance of order.”

11 In section 33 (collection of information, &c.) after subsection (5) insert—

“(5A) Before making an order under subsection (5) a court must give anopportunity to be heard to any person, other than the convicted person, whoclaims to be the owner of or otherwise interested in anything which can beforfeited under that subsection.

(5B) An order under subsection (5) shall not come into force until there is nofurther possibility of it being varied, or set aside, on appeal (disregardingany power of a court to grant leave to appeal out of time).”

12 (1) Part V (private security services) shall have effect subject to the provisions of thisparagraph.

(2) On issuing a certificate under section 39 the Secretary of State may impose acondition if satisfied that it is necessary in order to prevent an organisation withinsection 39(8) from benefiting from the certificate.

(3) To the grounds for refusal to issue a certificate and for revocation of a certificate insections 39(1) and (5) there shall be added the ground that the Secretary of State issatisfied that the applicant for or holder of a certificate has failed to comply with acondition imposed by virtue of sub-paragraph (2) above.

(4) The applicant for a certificate may appeal to the High Court if—

66 Terrorism Act 2000 (c. 11)SCHEDULE 2 – Proscribed Organisations


(a) the application is refused,(b) a condition is imposed on the grant of the certificate, or(c) the certificate is revoked.

(5) Where an appeal is brought under sub-paragraph (4), the Secretary of State may issuea certificate that the decision to which the appeal relates—

(a) was taken for the purpose of preventing benefit from accruing to anorganisation which was within section 39(8), and

(b) was justified by that purpose.

(6) If he intends to rely on a certificate under sub-paragraph (5), the Secretary of Stateshall notify the appellant.

(7) Where the appellant is notified of the Secretary of State’s intention to rely on acertificate under sub-paragraph (5)—

(a) he may appeal against the certificate to the Tribunal established undersection 91 of the Northern Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal,procedure, and further appeal) shall apply.

(8) Rules made under section 91 or 92 of that Act which are in force immediatelybefore the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)—

(a) with any necessary modifications, and(b) subject to any later rules made by virtue of sub-paragraph (7)(b).


PROSCRIBED ORGANISATIONSThe Irish Republican Army.Cumann na mBan.Fianna na hEireann.The Red Hand Commando.Saor Eire.The Ulster Freedom Fighters.The Ulster Volunteer Force.The Irish National Liberation Army.The Irish People’s Liberation Organisation.The Ulster Defence Association.The Loyalist Volunteer Force.The Continuity Army Council.The Orange Volunteers.The Red Hand Defenders.

Note

The entry for The Orange Volunteers refers to the organisation which uses that name and in thename of which a statement described as a press release was published on 14th October 1998.

Terrorism Act 2000 (c. 11)SCHEDULE 3 – The Proscribed Organisations Appeal CommissionDocument Generated: 2021-01-24

67



THE PROSCRIBED ORGANISATIONS APPEAL COMMISSION

Constitution and administration1 (1) The Commission shall consist of members appointed by the Lord Chancellor.

(2) The Lord Chancellor shall appoint one of the members as chairman.

(3) A member shall hold and vacate office in accordance with the terms of hisappointment.

(4) A member may resign at any time by notice in writing to the Lord Chancellor.2 The Lord Chancellor may appoint officers and servants for the Commission.3 The Lord Chancellor—

(a) may pay sums by way of remuneration, allowances, pensions and gratuitiesto or in respect of members, officers and servants,

(b) may pay compensation to a person who ceases to be a member of theCommission if the Lord Chancellor thinks it appropriate because of specialcircumstances, and

(c) may pay sums in respect of expenses of the Commission.

Procedure4 (1) The Commission shall sit at such times and in such places as the Lord Chancellor

may direct.

(2) The Commission may sit in two or more divisions.

(3) At each sitting of the Commission—(a) three members shall attend,(b) one of the members shall be a person who holds or has held high judicial

office (within the meaning of the Appellate Jurisdiction Act 1876), and(c) the chairman or another member nominated by him shall preside and report

the Commission’s decision.5 (1) The Lord Chancellor may make rules—

(a) regulating the exercise of the right of appeal to the Commission;(b) prescribing practice and procedure to be followed in relation to proceedings

before the Commission;(c) providing for proceedings before the Commission to be determined without

an oral hearing in specified circumstances;(d) making provision about evidence in proceedings before the Commission

(including provision about the burden of proof and admissibility ofevidence);

(e) making provision about proof of the Commission’s decisions.

(2) In making the rules the Lord Chancellor shall, in particular, have regard to the needto secure—

(a) that decisions which are the subject of appeals are properly reviewed, and(b) that information is not disclosed contrary to the public interest.

68 Terrorism Act 2000 (c. 11)SCHEDULE 3 – The Proscribed Organisations Appeal Commission


(3) The rules shall make provision permitting organisations to be legally represented inproceedings before the Commission.

(4) The rules may, in particular—(a) provide for full particulars of the reasons for proscription or refusal to

deproscribe to be withheld from the organisation or applicant concerned andfrom any person representing it or him;

(b) enable the Commission to exclude persons (including representatives) fromall or part of proceedings;

(c) enable the Commission to provide a summary of evidence taken in theabsence of a person excluded by virtue of paragraph (b);

(d) permit preliminary or incidental functions to be discharged by a singlemember;

(e) permit proceedings for permission to appeal under section 6 to be determinedby a single member;

(f) make provision about the functions of persons appointed under paragraph 7;(g) make different provision for different parties or descriptions of party.

(5) Rules under this paragraph—(a) shall be made by statutory instrument, and(b) shall not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

(6) In this paragraph a reference to proceedings before the Commission includes areference to proceedings arising out of proceedings before the Commission.

6 (1) This paragraph applies to—(a) proceedings brought by an organisation before the Commission, and(b) proceedings arising out of proceedings to which paragraph (a) applies.

(2) Proceedings shall be conducted on behalf of the organisation by a person designatedby the Commission (with such legal representation as he may choose to obtain).

(3) In paragraphs 5 and 8 of this Schedule a reference to an organisation includes areference to a person designated under this paragraph.

7 (1) The relevant law officer may appoint a person to represent the interests of anorganisation or other applicant in proceedings in relation to which an order has beenmade by virtue of paragraph 5(4)(b).

(2) The relevant law officer is—(a) in relation to proceedings in England and Wales, the Attorney General,(b) in relation to proceedings in Scotland, the Advocate General for Scotland,

and(c) in relation to proceedings in Northern Ireland, the Attorney General for

Northern Ireland.

(3) A person appointed under this paragraph must—(a) have a general qualification for the purposes of section 71 of the Courts and

Legal Services Act 1990 (qualification for legal appointments),(b) be an advocate or a solicitor who has rights of audience in the Court of

Session or the High Court of Justiciary by virtue of section 25A of theSolicitors (Scotland) Act 1980, or

Terrorism Act 2000 (c. 11)SCHEDULE 4 – Forfeiture OrdersDocument Generated: 2021-01-24

69


(c) be a member of the Bar of Northern Ireland.

(4) A person appointed under this paragraph shall not be responsible to the organisationor other applicant whose interests he is appointed to represent.

(5) In paragraphs 5 and 8 of this Schedule a reference to a representative does not includea reference to a person appointed under this paragraph.

8 (1) Section 9(1) of the Interception of Communications Act 1985 (exclusion of evidence)shall not apply in relation to—

(a) proceedings before the Commission, or(b) proceedings arising out of proceedings to which paragraph (a) applies.

(2) Evidence admitted by virtue of sub-paragraph (1) shall not be disclosed to—(a) the organisation concerned,(b) the applicant (where the organisation is not also the applicant), or(c) any person representing the organisation concerned or the applicant.


FORFEITURE ORDERS

PART I

ENGLAND AND WALES

Interpretation1 In this Part of this Schedule—

“forfeiture order” means an order made by a court in England and Walesunder section 23, and

“forfeited property” means the money or other property to which aforfeiture order applies.

Implementation of forfeiture orders2 (1) Where a court in England and Wales makes a forfeiture order it may make such

other provision as appears to it to be necessary for giving effect to the order, and inparticular it may—

(a) require any of the forfeited property to be paid or handed over to the properofficer or to a constable designated for the purpose by the chief officer ofpolice of a police force specified in the order;

(b) direct any of the forfeited property other than money or land to be soldor otherwise disposed of in such manner as the court may direct and theproceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions andexceptions as may be specified by the court, of any of the forfeited property,to realise it in such manner as the court may direct and to pay the proceedsto the proper officer;

70 Terrorism Act 2000 (c. 11)SCHEDULE 4 – Forfeiture OrdersDocument Generated: 2021-01-24


(d) direct a specified part of any forfeited money, or of the proceeds of the sale,disposal or realisation of any forfeited property, to be paid by the properofficer to a specified person falling within section 23(7).

(2) A forfeiture order shall not come into force until there is no further possibility ofit being varied, or set aside, on appeal (disregarding any power of a court to grantleave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal orrealisation of property is a reference to the proceeds after deduction of the costs ofsale, disposal or realisation.

(4) Section 140 of the Magistrates' Courts Act 1980 (disposal of non-pecuniaryforfeitures) shall not apply.

3 (1) A receiver appointed under paragraph 2 shall be entitled to be paid his remunerationand expenses by the proper officer out of the proceeds of the property realised by thereceiver and paid to the proper officer under paragraph 2(1)(c).

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to bepaid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 2 shall not be liable to any person in respectof any loss or damage resulting from action—

(a) which he takes in relation to property which is not forfeited property, butwhich he reasonably believes to be forfeited property,

(b) which he would be entitled to take if the property were forfeited property, and(c) which he reasonably believes that he is entitled to take because of his belief

that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by thereceiver’s negligence.

4 (1) In paragraphs 2 and 3 “the proper officer” means—(a) where the forfeiture order is made by a magistrates' court, the justices' chief

executive for that court,(b) where the forfeiture order is made by the Crown Court and the defendant

was committed to the Crown Court by a magistrates' court, the justices' chiefexecutive for the magistrates' court, and

(c) where the forfeiture order is made by the Crown Court and the proceedingswere instituted by a bill of indictment preferred by virtue of section 2(2)(b)of the Administration of Justice (Miscellaneous Provisions) Act 1933, thejustices' chief executive for the magistrates' court for the place where thetrial took place.

(2) The proper officer shall issue a certificate in respect of a forfeiture order if anapplication is made by—

(a) the prosecutor in the proceedings in which the forfeiture order was made,(b) the defendant in those proceedings, or(c) a person whom the court heard under section 23(7) before making the order.

(3) The certificate shall state the extent (if any) to which, at the date of the certificate,effect has been given to the forfeiture order.


71


Restraint orders5 (1) The High Court may make a restraint order under this paragraph where—

(a) proceedings have been instituted in England and Wales for an offence underany of sections 15 to 18,

(b) the proceedings have not been concluded,(c) an application for a restraint order is made to the High Court by the

prosecutor, and(d) a forfeiture order has been made, or it appears to the High Court that a

forfeiture order may be made, in the proceedings for the offence.

(2) The High Court may also make a restraint order under this paragraph where—(a) it is satisfied that a person is to be charged in England and Wales with an

offence under any of sections 15 to 18,(b) an application for a restraint order is made to the High Court by the person

who the High Court is satisfied will have the conduct of the proposedproceedings for the offence, and

(c) it appears to the High Court that a forfeiture order may be made in thoseproceedings.

(3) A restraint order prohibits a person to whom notice of it is given, subject to anyconditions and exceptions specified in the order, from dealing with property inrespect of which a forfeiture order has been or could be made in the proceedingsreferred to in sub-paragraph (1) or (2).

(4) An application for a restraint order may be made to a judge in chambers withoutnotice.

(5) In this paragraph a reference to dealing with property includes a reference toremoving the property from Great Britain.

6 (1) A restraint order shall provide for notice of it to be given to any person affected bythe order.

(2) A restraint order may be discharged or varied by the High Court on the applicationof a person affected by it.

(3) In particular, a restraint order shall be discharged on an application under sub-paragraph (2)—

(a) in the case of an order made under paragraph 5(2), if the proceedings inrespect of the offence are not instituted within such time as the High Courtconsiders reasonable, and

(b) in any case, if the proceedings for the offence have been concluded.7 (1) A constable may seize any property subject to a restraint order for the purpose of

preventing it from being removed from Great Britain.

(2) Property seized under this paragraph shall be dealt with in accordance with the HighCourt’s directions.

8 (1) The Land Charges Act 1972 and the Land Registration Act 1925—(a) shall apply in relation to restraint orders as they apply in relation to orders

affecting land made by the court for the purpose of enforcing judgments orrecognizances, and



(b) shall apply in relation to applications for restraint orders as they apply inrelation to other pending land actions.

(2) Where a restraint order is made under paragraph 5(1) or an application for suchan order is made, the prosecutor in the proceedings for the offence shall be treatedfor the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as aperson interested in respect of any registered land to which the restraint order or theapplication for the restraint order relates.

(3) Where a restraint order is made under paragraph 5(2) or an application for such anorder is made, the person who the High Court is satisfied will have the conduct ofthe proposed proceedings shall be treated for the purposes of section 57 of that Actas a person interested in respect of any registered land to which the restraint order orthe application for the restraint order relates.

Compensation9 (1) This paragraph applies where a restraint order is discharged under paragraph 6(3)(a).

(2) This paragraph also applies where a forfeiture order or a restraint order is made in orin relation to proceedings for an offence under any of sections 15 to 18 which—

(a) do not result in conviction for an offence under any of those sections,(b) result in conviction for an offence under any of those sections in respect of

which the person convicted is subsequently pardoned by Her Majesty, or(c) result in conviction for an offence under any of those sections which is

subsequently quashed.

(3) A person who had an interest in any property which was subject to the order mayapply to the High Court for compensation.

(4) The High Court may order compensation to be paid to the applicant if satisfied—(a) that there was a serious default on the part of a person concerned in the

investigation or prosecution of the offence,(b) that the person in default was or was acting as a member of a police force,

or was a member of the Crown Prosecution Service or was acting on behalfof the Service,

(c) that the applicant has suffered loss in consequence of anything done inrelation to the property by or in pursuance of the forfeiture order or restraintorder, and

(d) that, having regard to all the circumstances, it is appropriate to ordercompensation to be paid.

(5) The High Court shall not order compensation to be paid where it appears to it thatproceedings for the offence would have been instituted even if the serious defaulthad not occurred.

(6) Compensation payable under this paragraph shall be paid—(a) where the person in default was or was acting as a member of a police force,

out of the police fund out of which the expenses of that police force are met,and

(b) where the person in default was a member of the Crown Prosecution Service,or was acting on behalf of the Service, by the Director of Public Prosecutions.

10 (1) This paragraph applies where—


73


(a) a forfeiture order or a restraint order is made in or in relation to proceedingsfor an offence under any of sections 15 to 18, and

(b) the proceedings result in a conviction which is subsequently quashed on anappeal under section 7(2) or (5).


(3) The High Court may order compensation to be paid to the applicant if satisfied—(a) that the applicant has suffered loss in consequence of anything done in

relation to the property by or in pursuance of the forfeiture order or restraintorder, and

(b) that, having regard to all the circumstances, it is appropriate to ordercompensation to be paid.

(4) Compensation payable under this paragraph shall be paid by the Secretary of State.

Proceedings for an offence: timing11 (1) For the purposes of this Part of this Schedule proceedings for an offence are

instituted—(a) when a justice of the peace issues a summons or warrant under section 1 of

the Magistrates' Courts Act 1980 in respect of the offence;(b) when a person is charged with the offence after being taken into custody

without a warrant;(c) when a bill of indictment charging a person with the offence is preferred

by virtue of section 2(2)(b) of the Administration of Justice (MiscellaneousProvisions) Act 1933.

(2) Where the application of sub-paragraph (1) would result in there being more thanone time for the institution of proceedings they shall be taken to be instituted at theearliest of those times.

(3) For the purposes of this Part of this Schedule proceedings are concluded—(a) when a forfeiture order has been made in those proceedings and effect has

been given to it in respect of all the forfeited property, or(b) when no forfeiture order has been made in those proceedings and there is no

further possibility of one being made as a result of an appeal (disregardingany power of a court to grant leave to appeal out of time).

Enforcement of orders made elsewhere in the British Islands12 In the following provisions of this Part of this Schedule—

“a Scottish order” means—(a) an order made in Scotland under section 23 (“a Scottish forfeiture

order”),(b) an order made under paragraph 18 (“a Scottish restraint order”), or(c) an order made under any other provision of Part II of this Schedule in

relation to a Scottish forfeiture or restraint order;“a Northern Ireland order” means—

(a) an order made in Northern Ireland under section 23 (“a NorthernIreland forfeiture order”),



(b) an order made under paragraph 33 (“a Northern Ireland restraintorder”), or

(c) an order made under any other provision of Part III of this Schedule inrelation to a Northern Ireland forfeiture or restraint order;

“an Islands order” means an order made in any of the Islands under aprovision of the law of that Island corresponding to—

(a) section 23 (“an Islands forfeiture order”),(b) paragraph 5 (“an Islands restraint order”), or(c) any other provision of this Part of this Schedule.

13 (1) Subject to the provisions of this paragraph, a Scottish, Northern Ireland or Islandsorder shall have effect in the law of England and Wales.

(2) But such an order shall be enforced in England and Wales only in accordance with—(a) the provisions of this paragraph, and(b) any provision made by rules of court as to the manner in which, and the

conditions subject to which, such orders are to be enforced there.

(3) On an application made to it in accordance with rules of court for registration of aScottish, Northern Ireland or Islands order, the High Court shall direct that the ordershall, in accordance with such rules, be registered in that court.

(4) Rules of court shall also make provision—(a) for cancelling or varying the registration of a Scottish, Northern Ireland or

Islands forfeiture order when effect has been given to it, whether in Englandand Wales or elsewhere, in respect of all or, as the case may be, part of themoney or other property to which the order applies;

(b) for cancelling or varying the registration of a Scottish, Northern Ireland orIslands restraint order which has been discharged or varied by the court bywhich it was made.

(5) If a Scottish, Northern Ireland or Islands forfeiture order is registered under thisparagraph the High Court shall have, in relation to that order, the same powers as acourt has under paragraph 2(1) to give effect to a forfeiture order made by it and—

(a) paragraph 3 shall apply accordingly,(b) any functions of a justices' chief executive shall be exercised by the

appropriate officer of the High Court, and(c) after making any payment required by virtue of paragraph 2(1)(d) or 3, the

balance of any sums received by the appropriate officer of the High Courtby virtue of an order made under this sub-paragraph shall be paid by him tothe Secretary of State.

(6) If a Scottish, Northern Ireland or Islands restraint order is registered under thisparagraph—

(a) paragraphs 7 and 8 shall apply as they apply to a restraint order underparagraph 5, and

(b) the High Court shall have power to make an order under section 33 of theSupreme Court Act 1981 (extended power to order inspection of property,&c.) in relation to proceedings brought or likely to be brought for a Scottish,Northern Ireland or Islands restraint order as if those proceedings had beenbrought or were likely to be brought in the High Court.


75


(7) In addition, if a Scottish, Northern Ireland or Islands order is registered under thisparagraph—

(a) the High Court shall have, in relation to its enforcement, the same power asif the order had originally been made in the High Court,

(b) proceedings for or with respect to its enforcement may be taken as if theorder had originally been made in the High Court, and

(c) proceedings for or with respect to contravention of such an order, whetherbefore or after such registration, may be taken as if the order had originallybeen made in the High Court.

(8) The High Court may also make such orders or do otherwise as seems to it appropriatefor the purpose of—

(a) assisting the achievement in England and Wales of the purposes of a Scottish,Northern Ireland or Islands order, or

(b) assisting a receiver or other person directed by a Scottish, Northern Irelandor Islands order to sell or otherwise dispose of property.

(9) The following documents shall be received in evidence in England and Wales withoutfurther proof—

(a) a document purporting to be a copy of a Scottish, Northern Ireland or Islandsorder and to be certified as such by a proper officer of the court by whichit was made, and

(b) a document purporting to be a certificate for purposes corresponding to thoseof paragraph 4(2) and (3) and to be certified by a proper officer of the courtconcerned.

Enforcement of orders made in designated countries14 (1) Her Majesty may by Order in Council make provision for the purpose of enabling

the enforcement in England and Wales of external orders.

(2) An “external order” means an order—(a) which is made in a country or territory designated for the purposes of this

paragraph by the Order in Council, and(b) which makes relevant provision.

(3) “Relevant provision” means—(a) provision for the forfeiture of terrorist property (“an external forfeiture

order”), or(b) provision prohibiting dealing with property which is subject to an external

forfeiture order or in respect of which such an order could be made inproceedings which have been or are to be instituted in the designated countryor territory (“an external restraint order”).

(4) An Order in Council under this paragraph may, in particular, include provision—(a) which, for the purpose of facilitating the enforcement of any external order

that may be made, has effect at times before there is an external order to beenforced;

(b) for matters corresponding to those for which provision is made by, or canbe made under, paragraph 13(1) to (8) in relation to the orders to which thatparagraph applies;



(c) for the proof of any matter relevant for the purposes of anything falling tobe done in pursuance of the Order in Council.

(5) An Order in Council under this paragraph may also make provision with respect toanything falling to be done on behalf of the United Kingdom in a designated countryor territory in relation to proceedings in that country or territory for or in connectionwith the making of an external order.

(6) An Order in Council under this paragraph—(a) may make different provision for different cases, and(b) shall not be made unless a draft of it has been laid before and approved by


PART II

SCOTLAND

Implementation of forfeiture orders15 In this Part of this Schedule—

“forfeiture order” means an order made by a court in Scotland undersection 23, and


16 (1) Where a court in Scotland makes a forfeiture order it may make such other provisionas appears to it to be necessary for giving effect to the order, and in particular it may—

(a) direct any of the forfeited property other than money or land to be sold orotherwise disposed of in such manner as the court may direct;

(b) appoint an administrator to take possession, subject to such conditions andexceptions as may be specified by the court, of any of the forfeited propertyand to realise it in such manner as the court may direct;

(c) direct a specified part of any forfeited money, or of the proceeds of the sale,disposal or realisation of any forfeited property, to be paid to a specifiedperson falling within section 23(7).

(2) A forfeiture order shall not come into force so long as an appeal is pending againstthe order or against the conviction on which it was made; and for this purpose wherean appeal is competent but has not been brought it shall be treated as pending untilthe expiry of a period of fourteen days from the date when the order was made.

(3) Any balance remaining after making any payment required under sub-paragraph (1)(c) or paragraph 17 shall be treated for the purposes of section 211(5) of the CriminalProcedure (Scotland) Act 1995 (fines payable to the Treasury) as if it were a fineimposed in the High Court of Justiciary.

(4) The clerk of court shall, on the application of—(a) the prosecutor in the proceedings in which a forfeiture order is made,(b) the accused in those proceedings, or(c) a person whom the court heard under section 23(7) before making the order,

certify in writing the extent (if any) to which, at the date of the certificate, effect hasbeen given to the order in respect of the money or other property to which it applies.


77


(5) In sub-paragraph (1) references to the proceeds of the sale, disposal or realisation ofproperty are references to the proceeds after deduction of the costs of sale, disposalor realisation.

Administrators17 (1) The Court of Session may by rules of court prescribe the powers and duties of an

administrator appointed under paragraph 16.

(2) An administrator appointed under paragraph 16 shall be entitled to be paid hisremuneration and expenses out of the proceeds of the property realised by him or, ifand so far as those proceeds are insufficient, by the Lord Advocate.

(3) The accountant of court shall supervise an administrator appointed under paragraph16 in the exercise of the powers conferred, and discharge of the duties imposed, onhim under or by virtue of that paragraph.

(4) An administrator appointed under paragraph 16 shall not be liable to any person inrespect of any loss or damage resulting from action—


(b) which he would be entitled to take if the property were forfeited property, and(c) which he takes reasonably believing that he is entitled to take because of his

belief that the property is forfeited property.

(5) Sub-paragraph (4) does not apply in so far as the loss or damage is caused by theadministrator’s negligence.

Restraint orders18 (1) The Court of Session, on an application made by the Lord Advocate, may make a

restraint order under this paragraph where—(a) proceedings have been instituted in Scotland for an offence under any of

sections 15 to 18,(b) the proceedings have not been concluded, and(c) a forfeiture order has been made, or it appears to the court that a forfeiture

order may be made, in the proceedings for the offence.

(2) The Court of Session may also, on such an application, make a restraint order underthis paragraph where—

(a) it is satisfied that a person is to be prosecuted in Scotland for an offenceunder any of sections 15 to 18, and

(b) it appears to the Court of Session that a forfeiture order may be made inproceedings for the offence.


(4) An application for a restraint order may be made ex parte in chambers.



(5) For the purposes of this paragraph, dealing with property includes removing theproperty from Great Britain.


(2) A restraint order may be recalled or varied by the Court of Session on the applicationof any person affected by it.

(3) A restraint order shall be recalled—(a) in the case of an order made under paragraph 18(2), if the proceedings in

respect of the offence are not instituted within such time as the Court ofSession considers reasonable, or

(b) in the case of an order made under paragraph 18(1) or (2), when proceedingsfor the offence are concluded.

(4) When proceedings for the offence are concluded the Lord Advocate shall forthwithapply to the Court for recall of the order.

20 (1) A constable may seize any property subject to a restraint order for the purpose ofpreventing it from being removed from Great Britain.

(2) Property seized under this paragraph shall be dealt with in accordance with theCourt’s directions.

21 (1) On the application of the Lord Advocate, the Court of Session may, in respect ofheritable property in Scotland affected by a restraint order (whether such propertygenerally or particular such property) grant warrant for inhibition against any personinterdicted by the order.

(2) Subject to this Part of this Schedule, a warrant under sub-paragraph (1)—(a) shall have effect as if granted on the dependence of an action for debt at

the instance of the Lord Advocate against the person and may be executed,recalled, loosed or restricted accordingly;

(b) shall have the effect of letters of inhibition and shall forthwith be registeredby the Lord Advocate in the register of inhibitions and adjudications.

(3) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date ofinhibition) shall apply in relation to an inhibition for which warrant has been grantedunder sub-paragraph (2)(a) as that section applies to an inhibition by separate lettersor contained in a summons.

(4) The execution of an inhibition under sub-paragraph (2) in respect of property shallnot prejudice the exercise of an administrator’s powers under or for the purposes ofthis Part of this Schedule in respect of that property.

(5) No inhibition executed under sub-paragraph (2) shall have effect once, or in so faras, the restraint order affecting the property in respect of which the warrant for theinhibition has been granted has ceased to have effect in respect of that property, andthe Lord Advocate shall—

(a) apply for the recall, or as the case may be restriction, of the inhibition orarrestment accordingly; and

(b) ensure that recall, or restriction, of an inhibition on such application isreflected in the register of inhibitions and adjudications.


79


22 (1) On the application of the Lord Advocate, the court may, in respect of moveableproperty affected by a restraint order (whether such property generally or particularsuch property), grant warrant for arrestment if the property would be arrestable if theperson entitled to it were a debtor.

(2) A warrant under sub-paragraph (1) shall have effect as if granted on the dependenceof an action for debt at the instance of the Lord Advocate against the person and maybe executed, recalled, loosed or restricted accordingly.

(3) The execution of an arrestment under sub-paragraph (2) in respect of property shallnot prejudice the exercise of an administrator’s powers under or for the purposes ofthis Part of this Schedule in respect of that property.

(4) No arrestment executed under sub-paragraph (2) shall have effect once, or in so faras, the restraint order affecting the property in respect of which the warrant for sucharrestment has been granted has ceased to have effect in respect of that property; andthe Lord Advocate shall apply to the court for an order recalling, or as the case maybe, restricting the arrestment accordingly.

Compensation23 (1) This paragraph applies where a restraint order is recalled under paragraph 19(3)(a).

(2) This paragraph also applies where a forfeiture order or a restraint order is made in orin relation to proceedings for an offence under any of sections 15 to 18 which—


which the person convicted is subsequently pardoned by Her Majesty, or(c) result in conviction for an offence under any of those sections which is


(3) A person who had an interest in any property which was subject to the order mayapply to the Court of Session for compensation.

(4) The Court of Session may order compensation to be paid to the applicant if it issatisfied—

(a) that there was a serious default on the part of a person concerned in theinvestigation or prosecution of the offence,

(b) that the person in default was a constable of a police force or a constableacting with the powers of such a constable, or was a procurator fiscal or wasacting on behalf of the Lord Advocate,

(c) that the applicant has suffered loss in consequence of anything done inrelation to the property by or in pursuance of the forfeiture order or therestraint order, and

(d) having regard to all the circumstances, it is appropriate to ordercompensation to be paid.

(5) The Court of Session shall not order compensation to be paid where it appears to itthat the proceedings for the offence would have been instituted even if the seriousdefault had not occurred.

(6) Compensation payable under this paragraph shall be paid—(a) where the person in default was a constable of a police force, out of the police

fund out of which the expenses of that police force are met;



(b) where the person in default was a constable other than is mentioned inparagraph (a) above, but with the powers of such a constable, by the bodyunder whose authority he acts; and

(c) where the person in default was a procurator fiscal or was acting on behalfof the Lord Advocate, by the Lord Advocate.

(7) This paragraph is without prejudice to any right which may otherwise exist toinstitute proceedings in respect of delictual liability disclosed by such circumstancesas are mentioned in paragraphs (a) to (c) of sub-paragraph (2).

24 (1) This paragraph applies where—(a) a forfeiture order or a restraint order is made in or in relation to proceedings

for an offence under any of sections 15 to 18, and(b) the proceedings result in a conviction which is subsequently quashed on an

appeal under section 7(2) or (5) as applied by section 8(1).

(2) A person who had an interest in any property which was subject to the order mayapply to the Court of Session for compensation.

(3) The Court of Session may order compensation to be paid to the applicant ifsatisfied—

(a) that the applicant has suffered loss in consequence of anything done inrelation to the property by or in pursuance of the forfeiture order or restraintorder, and




instituted—(a) when a person is arrested for the offence,(b) when a warrant to arrest or cite a person is granted,(c) when an indictment or complaint is served on a person in respect of the

offence.



been given to it in respect of all the money or other property to which itapplies, or

(b) when (disregarding any power of a court to extend the period within whichan appeal may be made) there is no further possibility of a forfeiture orderbeing made in the proceedings.



81


“an England and Wales order” means—(a) an order made in England and Wales under section 23 (“an England

and Wales forfeiture order”),(b) an order made under paragraph 5 (“an England and Wales restraint

order”), or(c) an order made under any other provision of Part I of this Schedule in

relation to an England and Wales forfeiture or restraint order;“a Northern Ireland order” means—

(a) an order made in Northern Ireland under section 23 (“a NorthernIreland forfeiture order”),

(b) an order made under paragraph 33 (“a Northern Ireland restraintorder”), or

(c) an order made under any other provision of Part III of this Schedule inrelation to a Northern Ireland forfeiture or restraint order;

“an Islands order” means an order made in any of the Islands under aprovision of the law of that Island corresponding to—

(a) section 23 (“an Islands forfeiture order”),(b) paragraph 18 (“an Islands restraint order”), or(c) any other provision of this Part of this Schedule.

27 (1) Subject to the provisions of this paragraph, an England and Wales order, NorthernIreland order or Islands order shall have effect in the law of Scotland.

(2) But such an order shall be enforced in Scotland only in accordance with—(a) the provisions of this paragraph, and(b) any provision made by rules of court as to the manner in which, and the


(3) On an application made to it in accordance with rules of court for registration ofan England and Wales order, Northern Ireland order or Islands order, the Court ofSession shall direct that the order shall, in accordance with such rules, be registeredin that court.

(4) Rules of court shall also make provision—(a) for cancelling or varying the registration of an England and Wales, Northern

Ireland or Islands forfeiture order when effect has been given to it, whetherin Scotland or elsewhere, in respect of all or, as the case may be, part of themoney or other property to which the order applies,

(b) for cancelling or varying the registration of an England and Wales, NorthernIreland or Islands restraint order which has been discharged or varied by thecourt by which it was made.

(5) If an England and Wales, Northern Ireland or Islands forfeiture order is registeredunder this paragraph the Court of Session shall have, in relation to that order, thesame powers as a court has under paragraph 16(1) above in relation to a forfeitureorder made by it and paragraphs 16(3) to (5) and 17 apply accordingly.

(6) If an England and Wales, Northern Ireland or Islands forfeiture order is registeredunder this paragraph—

(a) paragraphs 20 and 21 above shall apply as they apply to a restraint order, and(b) the Court of Session shall have the like power to make an order under

section 1 of the Administration of Justice (Scotland) Act 1972 (extended



power to order inspection of documents, &c.) in relation to proceedingsbrought or likely to be brought for an England and Wales, Northern Irelandor Islands restraint order as if those proceedings had been brought or werelikely to be brought in the Court of Session.

(7) In addition, if an England and Wales order, Northern Ireland order or Islands orderis registered under this paragraph—

(a) the Court of Session shall have, in relation to its enforcement, the samepower,

(b) proceedings for or with respect to its enforcement may be taken, and(c) proceedings for or with respect to any contravention of such an order

(whether before or after such registration) may be taken,as if the order had originally been made in the Court of Session.

(8) The Court of Session may also make such orders or do otherwise as seems to itappropriate for the purpose of—

(a) assisting the achievement in Scotland of the purposes of an England andWales order, Northern Ireland order or Islands order, or

(b) assisting any receiver or other person directed by any such order to sell orotherwise dispose of property.

(9) The following documents shall, in Scotland, be sufficient evidence of theircontents—

(a) a document purporting to be a copy of an England and Wales order, NorthernIreland order or Islands order and to be certified as such by a proper officerof the court by which it was made, and

(b) a document purporting to be a certificate for purposes corresponding tothose of paragraph 16(4) and to be certified by a proper officer of the courtconcerned.

(10) Nothing in any England and Wales order, Northern Ireland order or Islands orderprejudices any enactment or rule of law in respect of the recording of deeds relatingto heritable property in Scotland or the registration of interests in such property.


the enforcement in Scotland of external orders.




order”); or(b) provision prohibiting dealing with property which is subject to an external


(4) An Order in Council under this paragraph may, in particular, include provision—


83


(a) which, for the purpose of facilitating the enforcement of any external orderthat may be made, has effect at times before there is an external order to beenforced,

(b) for matters corresponding to those for which provision is made by, or canbe made under, paragraph 27(1) to (8) in relation to the orders to which thatparagraph applies, and



(6) An Order under this paragraph—(a) may make different provision for different cases, and(b) shall not be made unless a draft of it has been laid before and approved by


PART III

NORTHERN IRELAND

Interpretation29 In this Part of this Schedule—

“forfeiture order” means an order made by a court in Northern Irelandunder section 23, and


Implementation of forfeiture orders30 (1) Where a court in Northern Ireland makes a forfeiture order it may make such other

provision as appears to it to be necessary for giving effect to the order, and inparticular it may—

(a) require any of the forfeited property to be paid or handed over to the properofficer or to a member of the Royal Ulster Constabulary designated for thepurpose by the Chief Constable;

(b) direct any of the forfeited property other than money or land to be soldor otherwise disposed of in such manner as the court may direct and theproceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions andexceptions as may be specified by the court, of any of the forfeited property,to realise it in such manner as the court may direct and to pay the proceedsto the proper officer;

(d) direct a specified part of any forfeited money, or of the proceeds of the sale,disposal or realisation of any forfeited property, to be paid by the properofficer to a specified person falling within section 23(7).



(2) A forfeiture order shall not come into force until there is no further possibility ofit being varied, or set aside, on appeal (disregarding any power of a court to grantleave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal orrealisation of property is a reference to the proceeds after deduction of the costs ofsale, disposal or realisation.

(4) Article 58 of the Magistrates' Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.

31 (1) A receiver appointed under paragraph 30 shall be entitled to be paid his remunerationand expenses by the proper officer out of the proceeds of the property realised by thereceiver and paid to the proper officer under paragraph 30(1)(c).

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to bepaid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 30 shall not be liable to any person in respectof any loss or damage resulting from action—


(b) which he would be entitled to take if the property were forfeited property, and(c) which he reasonably believes that he is entitled to take because of his belief

that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by thereceiver’s negligence.

32 (1) In paragraphs 30 and 31 “the proper officer” means—(a) where the forfeiture order is made by a court of summary jurisdiction, the

clerk of petty sessions, and(b) where the forfeiture order is made by the Crown Court, the appropriate

officer of the Crown Court.

(2) The proper officer shall issue a certificate in respect of a forfeiture order if anapplication is made by—

(a) the prosecutor in the proceedings in which the forfeiture order was made,(b) the defendant in those proceedings, or(c) a person whom the court heard under section 23(7) before making the order.

(3) The certificate shall state the extent (if any) to which, at the date of the certificate,effect has been given to the forfeiture order.

(4) Any balance in the hands of the proper officer after making any payment requiredunder paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of theAdministration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) asif it were a fine.

Restraint orders33 (1) The High Court may make a restraint order under this paragraph where—

(a) proceedings have been instituted in Northern Ireland for an offence underany of sections 15 to 18,


85


(b) the proceedings have not been concluded,(c) an application for a restraint order is made to the High Court by the

prosecutor, and(d) a forfeiture order has been made, or it appears to the High Court that a

forfeiture order may be made, in the proceedings for the offence.

(2) The High Court may also make a restraint order under this paragraph where—(a) it is satisfied that a person is to be charged in Northern Ireland with an offence

under any of sections 15 to 18,(b) an application for a restraint order is made to the High Court by the person

who the High Court is satisfied will have the conduct of the proposedproceedings for the offence, and

(c) it appears to the High Court that a forfeiture order may be made in thoseproceedings.


(4) An application for a restraint order may be made to a judge in chambers withoutnotice.

(5) For the purposes of this paragraph a reference to dealing with property includes areference to removing the property from Northern Ireland.


(2) A restraint order may be discharged or varied by the High Court on the applicationof a person affected by it.

(3) In particular, a restraint order shall be discharged on an application under sub-paragraph (2)—

(a) in the case of an order made under paragraph 33(2), if the proceedings inrespect of the offence are not instituted within such time as the High Courtconsiders reasonable, and

(b) in any case, if the proceedings for the offence have been concluded.35 (1) A constable may seize any property subject to a restraint order for the purpose of

preventing it from being removed from Northern Ireland.

(2) Property seized under this paragraph shall be dealt with in accordance with the HighCourt’s directions.

36 (1) The power to make a restraint order under the provisions of paragraph 33 shall beexercisable by the Secretary of State in any case in which it appears to him that theinformation which it would be necessary to provide in support of an application tothe High Court or a judge under those provisions would, if disclosed, be likely toplace any person in danger or prejudice the capability of members of the Royal UlsterConstabulary to investigate an offence under any of sections 15 to 18.

(2) In their application by virtue of sub-paragraph (1) paragraphs 33 to 35 shall haveeffect with the necessary modifications and as if references to the High Court werereferences to the Secretary of State.



(3) An order made by the Secretary of State by virtue of this paragraph may be variedor discharged by the High Court under paragraph 34.

37 (1) A person commits an offence if he contravenes a restraint order.

(2) It is a defence for a person charged with an offence under this paragraph to provethat he had a reasonable excuse for the contravention.

(3) A person guilty of an offence under this paragraph shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding 14

years, to a fine or to both, or(b) on summary conviction, to imprisonment for a term not exceeding six

months, to a fine not exceeding the statutory maximum, or to both.

(4) Nothing in this paragraph shall be taken to prejudice any power of the High Court todeal with the contravention of a restraint order as a contempt of court.

38 (1) The prosecutor shall be treated for the purposes of section 66 of the Land RegistrationAct (Northern Ireland) 1970 (cautions) as a person interested in respect of anyregistered land to which a restraint order or an application for such an order relates.

(2) On the application of the prosecutor, the Registrar of Titles shall, in respect of anyregistered land to which a restraint order or an application for such an order relates,make an entry inhibiting any dealing with the land without the consent of the HighCourt.

(3) Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland)1970 (inhibitions) shall apply to an entry made on the application of the prosecutorunder sub-paragraph (2) as they apply to an entry made on the application of anyperson interested in the registered land under subsection (1) of that section.

(4) In this paragraph—“registered land” has the meaning assigned to it by section 45(1)(a) of the

Interpretation Act (Northern Ireland) 1954,“Registrar of Titles” and “entry” have the same meanings as in the Land

Registration Act (Northern Ireland) 1970, and“prosecutor” in a case where a restraint order is made under paragraph

33(2) or an application for such an order is made, means the person whothe High Court is satisfied has or will have the conduct of the proposedproceedings.

Compensation39 (1) This paragraph applies where a restraint order is discharged under paragraph 34(3)

(a).

(2) This paragraph also apples where a forfeiture order or a restraint order is made in orin relation to proceedings for an offence under any of sections 15 to 18 which—


which the person convicted is subsequently pardoned by Her Majesty, or(c) result in a conviction for an offence under any of those sections which is



87



(4) The High Court may order compensation to be paid to the applicant if satisfied—(a) that there was a serious default on the part of a person concerned in the

investigation or prosecution of the offence,(b) that the person in default was or was acting as a member of the Royal

Ulster Constabulary, or was a member of the Office of the Director of PublicProsecutions for Northern Ireland,

(c) that the applicant has suffered loss in consequence of anything done inrelation to the property by or in pursuance of the forfeiture order or restraintorder, and

(d) that, having regard to all the circumstances, it is appropriate to ordercompensation to be paid.

(5) The High Court shall not order compensation to be paid where it appears to it thatproceedings for the offence would have been instituted even if the serious defaulthad not occurred.

(6) Compensation payable under this paragraph shall be paid—(a) where the person in default was or was acting as a member of the Royal

Ulster Constabulary, out of funds put at the disposal of the Chief Constableunder section 10(5) of the Police (Northern Ireland) Act 1998, and

(b) where the person in default was a member of the Office of the Directorof Public Prosecutions for Northern Ireland, by the Director of PublicProsecutions for Northern Ireland.

40 (1) This paragraph applies where—(a) a forfeiture order or a restraint order is made in or in relation to proceedings

for an offence under any of sections 15 to 18, and(b) the proceedings result in a conviction which is subsequently quashed on an

appeal under section 7(2) or (5), as applied by section 8(2).


(3) The High Court may order compensation to be paid to the applicant if satisfied—(a) that the applicant has suffered loss in consequence of anything done in

relation to the property by or in pursuance of the forfeiture order or restraintorder, and




instituted—(a) when a summons or warrant is issued under Article 20 of the Magistrates'

Courts (Northern Ireland) Order 1981 in respect of the offence;(b) when a person is charged with the offence after being taken into custody

without a warrant;



(c) when an indictment charging a person with the offence is presented undersection 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland)1969.



been given to it in respect of all the forfeited property, or(b) when no forfeiture order has been made in those proceedings and there is no

further possibility of one being made as a result of an appeal (disregardingany power of a court to grant leave to appeal out of time).


“an England and Wales order” means—(a) an order made in England and Wales under section 23 (“an England

and Wales forfeiture order”),(b) an order made under paragraph 5 (“an England and Wales restraint

order”), or(c) an order made under any other provision of Part I of this Schedule in

relation to an England and Wales forfeiture or restraint order;“a Scottish order” means—

(a) an order made in Scotland under section 23 (“a Scottish forfeitureorder”),

(b) an order made under paragraph 18 (“a Scottish restraint order”), or(c) an order made under any other provision of Part II of this Schedule in

relation to a Scottish forfeiture or restraint order;“an Islands order” means an order made in any of the Islands under a

provision of the law of that Island corresponding to—(a) section 23 (“an Islands forfeiture order”),(b) paragraph 33 (“an Islands restraint order”), or(c) any other provision of this Part of this Schedule.

43 (1) Subject to the provisions of this paragraph, an England and Wales, Scottish or Islandsorder shall have effect in the law of Northern Ireland.

(2) But such an order shall be enforced in Northern Ireland only in accordance with—(a) the provisions of this paragraph, and(b) any provision made by rules of court as to the manner in which, and the


(3) On an application made to it in accordance with rules of court for registration of anEngland and Wales, Scottish or Islands order, the High Court shall direct that theorder shall, in accordance with such rules, be registered in that court.

(4) Rules of court shall also make provision—(a) for cancelling or varying the registration of an England and Wales, Scottish

or Islands forfeiture order when effect has been given to it, whether in


89


Northern Ireland or elsewhere, in respect of all or, as the case may be, partof the money or other property to which the order applies;

(b) for cancelling or varying the registration of an England and Wales, Scottishor Islands restraint order which has been discharged or varied by the courtby which it was made.

(5) If an England and Wales, Scottish or Islands forfeiture order is registered under thisparagraph the High Court shall have, in relation to that order, the same powers as acourt has under paragraph 30(1) to give effect to a forfeiture order made by it and—

(a) paragraph 31 shall apply accordingly,(b) any functions of the clerk of petty sessions or the appropriate officer of the

Crown Court shall be exercised by the appropriate officer of the High Court,and

(c) after making any payment required by virtue of paragraph 30(1)(d) or 31, thebalance of any sums received by the appropriate officer of the High Courtby virtue of an order made under this sub-paragraph shall be paid into theConsolidated Fund.

(6) If an England and Wales, Scottish or Islands restraint order is registered under thisparagraph—

(a) paragraphs 35 and 38 shall apply as they apply to a restraint order underparagraph 33, and

(b) the High Court shall have the like power to make an order under section 21 ofthe Administration of Justice Act 1969 (extended power to order inspectionof property, &c.) in relation to proceedings brought or likely to be broughtfor an England and Wales, Scottish or Islands restraint order as if thoseproceedings had been brought or were likely to be brought in the High Court.

(7) In addition, if an England and Wales, Scottish or Islands order is registered underthis paragraph—

(a) the High Court shall have, in relation to its enforcement, the same power asif the order had originally been made in the High Court,

(b) proceedings for or with respect to its enforcement may be taken as if theorder had originally been made in the High Court, and

(c) proceedings for or with respect to any contravention of such an order,whether before or after such registration, may be taken as if the order hadoriginally been made in the High Court.

(8) The High Court may also make such orders or do otherwise as seems to it appropriatefor the purpose of—

(a) assisting the achievement in Northern Ireland of the purposes of an Englandand Wales, Scottish or Islands order, or

(b) assisting any receiver or other person directed by any such order to sell orotherwise dispose of property.

(9) The following documents shall be received in evidence in Northern Ireland withoutfurther proof—

(a) a document purporting to be a copy of an England and Wales, Scottish orIslands order and to be certified as such by a proper officer of the court bywhich it was made, and



(b) a document purporting to be a certificate for purposes corresponding to thoseof paragraph 32(2) and (3) and to be certified by a proper officer of the courtconcerned.


the enforcement in Northern Ireland of external orders.




order”), or(b) provision prohibiting dealing with property which is subject to an external


(4) An Order in Council under this paragraph may, in particular, include provision—(a) which, for the purpose of facilitating the enforcement of any external order

that may be made, has effect at times before there is an external order to beenforced;

(b) for matters corresponding to those for which provision is made by, or canbe made under, paragraph 43(1) to (8) in relation to the orders to which thatparagraph applies;



(6) An Order in Council under this paragraph—(a) may make different provision for different cases, and(b) shall not be made unless a draft of it has been laid before and approved by


PART IV

INSOLVENCY: UNITED KINGDOM PROVISIONS

General45 In this Part of this Schedule—

“ancillary order” means an order made in connection with a forfeiture,other than the forfeiture order,


91


“forfeiture order” means—(a) an order made in England and Wales, Scotland or Northern Ireland

under section 23,(b) an Islands forfeiture order within the meaning given in paragraph 12,

26 or 42, or(c) an external forfeiture order which is enforceable in England and Wales,

Scotland or Northern Ireland by virtue of an Order in Council madeunder paragraph 14, 28 or 44,

“forfeited property” means the money or other property to which aforfeiture order applies, and

“restraint order” means—(a) an order made under paragraph 5, 18 or 33,(b) an Islands restraint order within the meaning given in paragraph 12,

26 or 42, or(c) an external restraint order which is enforceable in England and Wales,

Scotland or Northern Ireland by virtue of an Order in Council madeunder paragraph 14, 28 or 44.

Protection of creditors against forfeiture46 (1) During the period of six months beginning with the making of a forfeiture order, the

following shall not be finally disposed of under this Schedule—(a) the money to which the order applies, and(b) the money which represents any property to which the order applies.

(2) For the purposes of this paragraph money is finally disposed of under this Schedulewhen—

(a) in England and Wales, it is paid to the Lord Chancellor in accordance withsection 60 of the Justices of the Peace Act 1997 (application of fines, &c.)or to the Secretary of State in accordance with paragraph 13(5)(c),

(b) in Scotland, it is paid to the Treasury in accordance with section 211(5) of theCriminal Procedure (Scotland) Act 1995 (as modified by paragraph 16(3)),or

(c) in Northern Ireland, it is paid into the Consolidated Fund in accordance withparagraph 32(4) or 43(5)(c).

47 (1) This paragraph applies where—(a) before or after a forfeiture order is made, the commencement of an

insolvency occurs in qualifying insolvency proceedings,(b) an insolvency practitioner would, but for the forfeiture order, exercise a

function in those proceedings in relation to property to which the forfeitureorder applies, and

(c) he gives written notice to the relevant officer of the matters referred to inparagraphs (a) and (b) before the end of the period of six months beginningwith the making of the forfeiture order.

(2) Sub-paragraph (3) shall apply to—(a) the property in relation to which the insolvency practitioner would, but for

the forfeiture order, exercise a function as described in sub-paragraph (1)(b), and

(b) the proceeds of sale of that property.



(3) The property—(a) shall cease to be subject to the forfeiture order and any ancillary order, and(b) shall be dealt with in the insolvency proceedings as if the forfeiture order

had never been made.

(4) But—(a) the property to which sub-paragraph (3) applies is the balance remaining

after the relevant officer has exercised his powers under paragraph 50(1), and(b) sub-paragraph (3) shall not take effect in respect of property in relation to

which the relevant officer, or any person acting in pursuance of an ancillaryorder, has incurred obligations until those obligations have been discharged.

(5) In this paragraph “the commencement of an insolvency” means—(a) the making of a bankruptcy order,(b) the award of sequestration,(c) in England and Wales or in Northern Ireland, in the case of the insolvent

estate of a deceased person, the making of an insolvency administrationorder, or

(d) in the case of a company, the passing of a resolution for its winding up, orwhere no such resolution has been passed, the making of an order by thecourt for the winding up of the company.

48 (1) Where by virtue of paragraph 47(3) property falls to be dealt with in insolvencyproceedings, the Secretary of State shall be taken to be a creditor in those proceedingsto the amount or value of the property.

(2) Except in a sequestration, his debt—(a) shall rank after the debts of all other creditors, and(b) shall not be paid until they have been paid in full with interest under the

relevant provision.

(3) In sub-paragraph (2)(b) the “relevant provision” means—(a) in relation to the winding up of a company in England and Wales or Scotland,

section 189(2) of the Insolvency Act 1986,(b) in relation to a bankruptcy in England and Wales, section 328(4) of that Act,(c) in relation to the winding up of a company in Northern Ireland, Article 160(2)

of the Insolvency (Northern Ireland) Order 1989, and(d) in relation to a bankruptcy in Northern Ireland, Article 300(4) of that Order.

(4) In a sequestration, his debt shall rank after all of the debts mentioned in section 51(1)of the Bankruptcy (Scotland) Act 1985 and shall not be paid until they have beenpaid in full.

(5) Sub-paragraphs (2) to (4) apply notwithstanding any provision contained in or madeunder any other enactment.

49 (1) This paragraph applies to property which ceased to be subject to a forfeiture orderby virtue of paragraph 47(3) in consequence of the making of a bankruptcy order oran award of sequestration.

(2) The property shall again become subject to the forfeiture order and, if applicable,any ancillary order if—

(a) the bankruptcy order is annulled, or


93


(b) the award of sequestration is recalled or reduced.

(3) Where the property is money or has been converted into money—(a) the relevant court shall make an order specifying property comprised in the

estate of the bankrupt or debtor to the amount or value of the property, and(b) the specified property shall become subject to the forfeiture order, and any

applicable ancillary order, in place of the property.

(4) In sub-paragraph (3) the “relevant court” means—(a) the court which ordered the annulment of the bankruptcy, or(b) the court which recalled or reduced the award of sequestration.

Expenses incurred in connection with forfeiture50 (1) Where money or other property falls to be dealt with in accordance with paragraph

47(3), the relevant officer may—(a) deduct allowable forfeiture expenses from that money;(b) retain so much of that property as he considers necessary for the purpose of

realising it and deducting allowable forfeiture expenses from the proceedsof realisation.

(2) Where property is delivered up in pursuance of paragraph 47(3) and the relevantofficer has not made provision under sub-paragraph (1) for all the allowable forfeitureexpenses then—

(a) a person who has incurred allowable forfeiture expenses for which provisionhas not been made shall have a claim to their value in the insolvencyproceedings, and

(b) the expenses in question shall be treated for the purposes of the insolvencyproceedings as if they were expenses of those proceedings.

(3) In this paragraph “allowable forfeiture expenses”—(a) means expenses incurred in relation to the forfeited property by the relevant

officer,(b) means expenses incurred in relation to the forfeited property by a receiver,

administrator or other person appointed by the relevant officer,(c) means expenses incurred in relation to the forfeited property by any person

appointed or directed to deal with any property under paragraph 16, and(d) includes sums paid or required to be paid under paragraph 2(1)(d), 16(1)(c)

or 30(1)(d).

Protection of insolvency practitioners51 (1) This paragraph applies where an insolvency practitioner seizes or disposes of

property which is subject to a forfeiture order or a restraint order and—(a) he reasonably believes that he is entitled to do so in the exercise of his

functions, and(b) he would be so entitled if the property were not subject to a forfeiture order

or a restraint order.

(2) The insolvency practitioner shall not be liable to any person in respect of any loss ordamage resulting from the seizure or disposal except in so far as the loss or damageis caused by his negligence.



(3) The insolvency practitioner shall have a lien on the property seized or the proceedsof its sale—

(a) for such of his expenses as were incurred in connection with the insolvencyproceedings in relation to which the seizure or disposal purported to takeplace, and

(b) for so much of his remuneration as may be reasonably assigned for his actingin connection with those proceedings.

(4) Sub-paragraphs (1) to (3) are without prejudice to the generality of any provisioncontained in the Insolvency Act 1986 or the Bankruptcy (Scotland) Act 1985 or anyother Act or the Insolvency (Northern Ireland) Order 1989.

(5) In this paragraph “insolvency practitioner”, in any part of the United Kingdom,means a person acting as an insolvency practitioner in that or any other part of theUnited Kingdom.

(6) For the purpose of sub-paragraph (5) any question whether a person is acting as aninsolvency practitioner in England and Wales or in Scotland shall be determined inaccordance with section 388 of the Insolvency Act 1986, except that—

(a) the reference in section 388(2)(a) to a permanent or interim trustee in thesequestration of a debtor’s estate shall be taken to include a reference to atrustee in sequestration,

(b) section 388(5) shall be disregarded, and(c) the expression shall also include the Official Receiver acting as receiver or

manager of property.

(7) For the purpose of sub-paragraph (5) any question whether a person is acting as aninsolvency practitioner in Northern Ireland shall be determined in accordance withArticle 3 of the Insolvency (Northern Ireland) Order 1989, except that—

(a) Article 3(5) shall be disregarded, and(b) the expression shall also include the Official Receiver acting as receiver or

manager of property.

Insolvency practitioners in the Islands and designated countries52 (1) An order may be made under this paragraph to secure that an Islands or external

insolvency practitioner has the same rights under this Part of this Schedule in relationto—

(a) property situated in England and Wales,(b) property situated in Scotland, or(c) property situated in Northern Ireland,

as he would have if he were an insolvency practitioner in that part of the UnitedKingdom.

(2) The Secretary of State may make an order—(a) under sub-paragraph (1)(a) with the concurrence of the Lord Chancellor;(b) under sub-paragraph (1)(b).

(3) An order under sub-paragraph (1)(c)—(a) may be made by the Department of Enterprise, Trade and Investment in

Northern Ireland,


95


(b) shall be a statutory rule for the purposes of the Statutory Rules (NorthernIreland) Order 1979, and

(c) shall be subject to negative resolution within the meaning of section 41(6)of the Interpretation (Northern Ireland) Act 1954.

(4) An order under this paragraph may, in particular, include—(a) provision which modifies the rights under this Part of this Schedule which

are to be conferred under the order;(b) provision as to the manner in which the rights conferred under the order are

to be exercised;(c) provision as to the conditions subject to which those rights are to be

exercised, including the obtaining of leave from a court;(d) provision for empowering a court granting such leave to impose such

conditions as it thinks fit.

(5) An order under this paragraph may make different provision for different purposes.

(6) In this paragraph—“Islands or external insolvency practitioner” means a person exercising

under the insolvency law of a relevant country or territory functionscorresponding to those exercised by insolvency practitioners under theinsolvency law of any part of the United Kingdom,

“insolvency law” has the same meaning as in section 426(10) of theInsolvency Act 1986, except that the reference to a relevant country orterritory shall be construed in accordance with this paragraph, and

“relevant country or territory” means—(a) any of the Channel Islands,(b) the Isle of Man, or(c) any country or territory designated as mentioned in paragraph 14, 28

or 44.

Interpretation53 (1) In this Part of this Schedule (other than in paragraph 51) “insolvency practitioner”

means a person acting in any qualifying insolvency proceedings in any part of theUnited Kingdom as—

(a) a liquidator of a company or partnership,(b) a trustee in bankruptcy,(c) the permanent or interim trustee on the debtor’s estate,(d) an administrator of the insolvent estate of a deceased person, or(e) a receiver or manager of any property.

(2) In this Part of this Schedule “qualifying insolvency proceedings” means—(a) any proceedings under the Insolvency Act 1986 or the Insolvency (Northern

Ireland) Order 1989 for the winding up of a company or an unregisteredcompany and includes any voluntary winding up of a company under PartIV of that Act or Part V of that Order,

(b) any proceedings in England and Wales or Northern Ireland under or by virtueof section 420 of the Insolvency Act 1986 or Article 364 of the Insolvency(Northern Ireland) Order 1989 for the winding up of an insolvent partnership,

96 Terrorism Act 2000 (c. 11)SCHEDULE 5 – Terrorist Investigations: Information


(c) any proceedings in bankruptcy or, in Scotland, any sequestration of adebtor’s estate, or

(d) any proceedings in England and Wales or in Northern Ireland under orby virtue of section 421 of the Insolvency Act 1986 or Article 365 of theInsolvency (Northern Ireland) Order 1989 in relation to the insolvent estateof a deceased person.

(3) In this Part of this Schedule “the relevant officer” means in England and Wales andin Northern Ireland—

(a) where the forfeiture order in question is made by a court in England andWales, the proper officer within the meaning given in paragraph 4,

(b) where the forfeiture order in question is made by a court in Northern Ireland,the proper officer within the meaning given in paragraph 32, and

(c) in any other case, the appropriate officer of the High Court.

(4) In this Part of this Schedule “the relevant officer” means in Scotland—(a) where the forfeiture order in question is made by a court in Scotland, the

clerk of the court,(b) in any other case, the Principal Clerk of Session and Justiciary.

(5) In this Part of this Schedule references to the proceeds of sale or realisation ofproperty are references to the proceeds after deduction of the costs of sale orrealisation.


TERRORIST INVESTIGATIONS: INFORMATION

PART I

ENGLAND AND WALES AND NORTHERN IRELAND

Searches1 (1) A constable may apply to a justice of the peace for the issue of a warrant under this

paragraph for the purposes of a terrorist investigation.

(2) A warrant under this paragraph shall authorise any constable—(a) to enter the premises specified in the warrant,(b) to search the premises and any person found there, and(c) to seize and retain any relevant material which is found on a search under

paragraph (b).

(3) For the purpose of sub-paragraph (2)(c) material is relevant if the constable hasreasonable grounds for believing that—

(a) it is likely to be of substantial value, whether by itself or together with othermaterial, to a terrorist investigation, and

(b) it must be seized in order to prevent it from being concealed, lost, damaged,altered or destroyed.

Terrorism Act 2000 (c. 11)SCHEDULE 5 – Terrorist Investigations: InformationDocument Generated: 2021-01-24

97


(4) A warrant under this paragraph shall not authorise—(a) the seizure and retention of items subject to legal privilege, or(b) a constable to require a person to remove any clothing in public except for

headgear, footwear, an outer coat, a jacket or gloves.

(5) Subject to paragraph 2, a justice may grant an application under this paragraph ifsatisfied—

(a) that the warrant is sought for the purposes of a terrorist investigation,(b) that there are reasonable grounds for believing that there is material on

premises specified in the application which is likely to be of substantialvalue, whether by itself or together with other material, to a terroristinvestigation and which does not consist of or include excepted material(within the meaning of paragraph 4 below), and

(c) that the issue of a warrant is likely to be necessary in the circumstances ofthe case.

2 (1) This paragraph applies where an application is made under paragraph 1 and—(a) the application is made by a police officer of at least the rank of

superintendent,(b) the application does not relate to residential premises, and(c) the justice to whom the application is made is not satisfied of the matter

referred to in paragraph 1(5)(c).

(2) The justice may grant the application if satisfied of the matters referred to inparagraph 1(5)(a) and (b).

(3) Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powersunder paragraph 1(2)(a) and (b) are exercisable only within the period of 24 hoursbeginning with the time when the warrant is issued.

(4) For the purpose of sub-paragraph (1) “residential premises” means any premiseswhich the officer making the application has reasonable grounds for believing areused wholly or mainly as a dwelling.

3 (1) Subject to sub-paragraph (2), a police officer of at least the rank of superintendentmay by a written authority signed by him authorise a search of specified premiseswhich are wholly or partly within a cordoned area.

(2) A constable who is not of the rank required by sub-paragraph (1) may give anauthorisation under this paragraph if he considers it necessary by reason of urgency.

(3) An authorisation under this paragraph shall authorise any constable—(a) to enter the premises specified in the authority,(b) to search the premises and any person found there, and(c) to seize and retain any relevant material (within the meaning of paragraph

1(3)) which is found on a search under paragraph (b).

(4) The powers under sub-paragraph (3)(a) and (b) may be exercised—(a) on one or more occasions, and(b) at any time during the period when the designation of the cordoned area

under section 33 has effect.

(5) An authorisation under this paragraph shall not authorise—



(a) the seizure and retention of items subject to legal privilege;(b) a constable to require a person to remove any clothing in public except for


(6) An authorisation under this paragraph shall not be given unless the person giving ithas reasonable grounds for believing that there is material to be found on the premiseswhich—

(a) is likely to be of substantial value, whether by itself or together with othermaterial, to a terrorist investigation, and

(b) does not consist of or include excepted material.

(7) A person commits an offence if he wilfully obstructs a search under this paragraph.

(8) A person guilty of an offence under sub-paragraph (7) shall be liable on summaryconviction to—


Excepted material4 In this Part—

(a) “excluded material” has the meaning given by section 11 of the Police andCriminal Evidence Act 1984,

(b) “items subject to legal privilege” has the meaning given by section 10 ofthat Act, and

(c) “special procedure material” has the meaning given by section 14 of thatAct;

and material is “excepted material” if it falls within any of paragraphs (a) to (c).

Excluded and special procedure material: production & access5 (1) A constable may apply to a Circuit judge for an order under this paragraph for the

purposes of a terrorist investigation.

(2) An application for an order shall relate to particular material, or material of aparticular description, which consists of or includes excluded material or specialprocedure material.

(3) An order under this paragraph may require a specified person—(a) to produce to a constable within a specified period for seizure and retention

any material which he has in his possession, custody or power and to whichthe application relates;

(b) to give a constable access to any material of the kind mentioned inparagraph (a) within a specified period;

(c) to state to the best of his knowledge and belief the location of material towhich the application relates if it is not in, and it will not come into, hispossession, custody or power within the period specified under paragraph (a)or (b).

(4) For the purposes of this paragraph—


99


(a) an order may specify a person only if he appears to the Circuit judge tohave in his possession, custody or power any of the material to which theapplication relates, and

(b) a period specified in an order shall be the period of seven days beginningwith the date of the order unless it appears to the judge that a different periodwould be appropriate in the particular circumstances of the application.

(5) Where a Circuit judge makes an order under sub-paragraph (3)(b) in relation tomaterial on any premises, he may, on the application of a constable, order any personwho appears to the judge to be entitled to grant entry to the premises to allow anyconstable to enter the premises to obtain access to the material.

6 (1) A Circuit judge may grant an application under paragraph 5 if satisfied—(a) that the material to which the application relates consists of or includes

excluded material or special procedure material,(b) that it does not include items subject to legal privilege, and(c) that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of

that material.

(2) The first condition is that—(a) the order is sought for the purposes of a terrorist investigation, and(b) there are reasonable grounds for believing that the material is likely to be

of substantial value, whether by itself or together with other material, to aterrorist investigation.

(3) The second condition is that there are reasonable grounds for believing that it is inthe public interest that the material should be produced or that access to it should begiven having regard—

(a) to the benefit likely to accrue to a terrorist investigation if the material isobtained, and

(b) to the circumstances under which the person concerned has any of thematerial in his possession, custody or power.

7 (1) An order under paragraph 5 may be made in relation to—(a) material consisting of or including excluded or special procedure material

which is expected to come into existence within the period of 28 daysbeginning with the date of the order;

(b) a person who the Circuit judge thinks is likely to have any of the materialto which the application relates in his possession, custody or power withinthat period.

(2) Where an order is made under paragraph 5 by virtue of this paragraph, paragraph5(3) shall apply with the following modifications—

(a) the order shall require the specified person to notify a named constable assoon as is reasonably practicable after any material to which the applicationrelates comes into his possession, custody or power,

(b) the reference in paragraph 5(3)(a) to material which the specified personhas in his possession, custody or power shall be taken as a reference to thematerial referred to in paragraph (a) above which comes into his possession,custody or power, and

(c) the reference in paragraph 5(3)(c) to the specified period shall be taken as areference to the period of 28 days beginning with the date of the order.



(3) Where an order is made under paragraph 5 by virtue of this paragraph, paragraph5(4) shall not apply and the order—

(a) may only specify a person falling within sub-paragraph (1)(b), and(b) shall specify the period of seven days beginning with the date of notification

required under sub-paragraph (2)(a) unless it appears to the judge that adifferent period would be appropriate in the particular circumstances of theapplication.

8 (1) An order under paragraph 5—(a) shall not confer any right to production of, or access to, items subject to legal

privilege, and(b) shall have effect notwithstanding any restriction on the disclosure of

information imposed by statute or otherwise.

(2) Where the material to which an application under paragraph 5 relates consists ofinformation contained in a computer—

(a) an order under paragraph 5(3)(a) shall have effect as an order to produce thematerial in a form in which it can be taken away and in which it is visibleand legible, and

(b) an order under paragraph 5(3)(b) shall have effect as an order to give accessto the material in a form in which it is visible and legible.

9 (1) An order under paragraph 5 may be made in relation to material in the possession,custody or power of a government department.

(2) Where an order is made by virtue of sub-paragraph (1)—(a) it shall be served as if the proceedings were civil proceedings against the

department, and(b) it may require any officer of the department, whether named in the order or

not, who may for the time being have in his possession, custody or powerthe material concerned, to comply with the order.

(3) In this paragraph “government department” means an authorised governmentdepartment for the purposes of the Crown Proceedings Act 1947.

10 (1) An order of a Circuit judge under paragraph 5 shall have effect as if it were an orderof the Crown Court.

(2) Crown Court Rules may make provision about proceedings relating to an order underparagraph 5.

(3) In particular, the rules may make provision about the variation or discharge of anorder.

Excluded or special procedure material: search11 (1) A constable may apply to a Circuit judge for the issue of a warrant under this

paragraph for the purposes of a terrorist investigation.

(2) A warrant under this paragraph shall authorise any constable—(a) to enter the premises specified in the warrant,(b) to search the premises and any person found there, and(c) to seize and retain any relevant material which is found on a search under

paragraph (b).


101


(3) A warrant under this paragraph shall not authorise—(a) the seizure and retention of items subject to legal privilege;(b) a constable to require a person to remove any clothing in public except for


(4) For the purpose of sub-paragraph (2)(c) material is relevant if the constable hasreasonable grounds for believing that it is likely to be of substantial value, whetherby itself or together with other material, to a terrorist investigation.

12 (1) A Circuit judge may grant an application under paragraph 11 if satisfied that anorder made under paragraph 5 in relation to material on the premises specified in theapplication has not been complied with.

(2) A Circuit judge may also grant an application under paragraph 11 if satisfied thatthere are reasonable grounds for believing that—

(a) there is material on premises specified in the application which consists of orincludes excluded material or special procedure material but does not includeitems subject to legal privilege, and

(b) the conditions in sub-paragraphs (3) and (4) are satisfied.

(3) The first condition is that—(a) the warrant is sought for the purposes of a terrorist investigation, and(b) the material is likely to be of substantial value, whether by itself or together

with other material, to a terrorist investigation.

(4) The second condition is that it is not appropriate to make an order under paragraph5 in relation to the material because—

(a) it is not practicable to communicate with any person entitled to produce thematerial,

(b) it is not practicable to communicate with any person entitled to grant accessto the material or entitled to grant entry to the premises on which the materialis situated, or

(c) a terrorist investigation may be seriously prejudiced unless a constable cansecure immediate access to the material.

Explanations13 (1) A constable may apply to a Circuit judge for an order under this paragraph requiring

any person specified in the order to provide an explanation of any material—(a) seized in pursuance of a warrant under paragraph 1 or 11, or(b) produced or made available to a constable under paragraph 5.

(2) An order under this paragraph shall not require any person to disclose anyinformation which he would be entitled to refuse to disclose on grounds of legalprofessional privilege in proceedings in the High Court.

(3) But a lawyer may be required to provide the name and address of his client.

(4) A statement by a person in response to a requirement imposed by an order underthis paragraph—

(a) may be made orally or in writing, and(b) may be used in evidence against him only on a prosecution for an offence

under paragraph 14.



(5) Paragraph 10 shall apply to orders under this paragraph as it applies to orders underparagraph 5.

14 (1) A person commits an offence if, in purported compliance with an order underparagraph 13, he—

(a) makes a statement which he knows to be false or misleading in a materialparticular, or

(b) recklessly makes a statement which is false or misleading in a materialparticular.

(2) A person guilty of an offence under sub-paragraph (1) shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding two


months, to a fine not exceeding the statutory maximum or to both.

Urgent cases15 (1) A police officer of at least the rank of superintendent may by a written order signed

by him give to any constable the authority which may be given by a search warrantunder paragraph 1 or 11.

(2) An order shall not be made under this paragraph unless the officer has reasonablegrounds for believing—

(a) that the case is one of great emergency, and(b) that immediate action is necessary.

(3) Where an order is made under this paragraph particulars of the case shall be notifiedas soon as is reasonably practicable to the Secretary of State.




16 (1) If a police officer of at least the rank of superintendent has reasonable grounds forbelieving that the case is one of great emergency he may by a written notice signedby him require any person specified in the notice to provide an explanation of anymaterial seized in pursuance of an order under paragraph 15.

(2) Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a noticeunder this paragraph as they apply to an order under paragraph 13.

(3) A person commits an offence if he fails to comply with a notice under this paragraph.

(4) It is a defence for a person charged with an offence under sub-paragraph (3) to showthat he had a reasonable excuse for his failure.


(a) imprisonment for a term not exceeding six months,


103


(b) a fine not exceeding level 5 on the standard scale, or(c) both.

Supplementary17 For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act

1984 (seized material: access, copying and retention)—(a) a terrorist investigation shall be treated as an investigation of or in

connection with an offence, and(b) material produced in pursuance of an order under paragraph 5 shall be

treated as if it were material seized by a constable.

Northern Ireland18 In the application of this Part to Northern Ireland—

(a) the reference in paragraph 4(a) to section 11 of the Police and CriminalEvidence Act 1984 shall be taken as a reference to Article 13 of the Policeand Criminal Evidence (Northern Ireland) Order 1989,

(b) the reference in paragraph 4(b) to section 10 of that Act shall be taken asa reference to Article 12 of that Order,

(c) the reference in paragraph 4(c) to section 14 of that Act shall be taken asa reference to Article 16 of that Order,

(d) the references in paragraph 9(1) and (2) to “government department”shall be taken as including references to an authorised Northern Irelanddepartment for the purposes of the Crown Proceedings Act 1947,

(e) the reference in paragraph 10(2) to “Crown Court Rules” shall be taken asa reference to county court rules,

(f) the reference in paragraph 17 to sections 21 and 22 of the Police andCriminal Evidence Act 1984 shall be taken as a reference to Articles 23 and24 of the Police and Criminal Evidence (Northern Ireland) Order 1989, and

(g) references to “a Circuit judge” shall be taken as references to a county courtjudge.

19 (1) The Secretary of State may by a written order which relates to specified premisesgive to any constable in Northern Ireland—

(a) the authority which may be given by a search warrant under paragraph 1;(b) the authority which may be given by a search warrant under paragraph 11.

(2) An order shall not be made under this paragraph unless—(a) it appears to the Secretary of State that the information which it would be

necessary to provide to the court in support of an application for a warrantwould, if disclosed, be likely to place any person in danger or prejudice thecapability of members of the Royal Ulster Constabulary to investigate anoffence under any of sections 15 to 18 or under section 56, and

(b) the order is made for the purposes of an investigation of the commission,preparation or instigation of an offence under any of sections 15 to 18 orunder section 56.

(3) The Secretary of State may make an order under sub-paragraph (1)(a) in relation toparticular premises only if satisfied—



(a) that there are reasonable grounds for believing that there is material onthe premises which is likely to be of substantial value, whether by itselfor together with other material, to the investigation mentioned in sub-paragraph (2)(b), and which does not consist of or include excepted material,and

(b) that the authority of an order is likely to be necessary in the circumstancesof the case.

(4) The Secretary of State may make an order under sub-paragraph (1)(b) in relation toparticular premises if satisfied that an order made under paragraph 5 in relation tomaterial on the premises has not been complied with.

(5) The Secretary of State may also make an order under sub-paragraph (1)(b) in relationto particular premises if satisfied that there are reasonable grounds for believingthat—

(a) there is material on the premises which consists of or includes excludedmaterial or special procedure material but does not include items subject tolegal privilege,

(b) the material is likely to be of substantial value, whether by itself or togetherwith other material, to the investigation mentioned in sub-paragraph (2)(b),and

(c) an order under paragraph 5 would not be appropriate in relation to thematerial for the reason mentioned in paragraph 12(4)(a) or (b) or becausethe investigation mentioned in sub-paragraph (2)(b) might be seriouslyprejudiced unless a constable can secure immediate access to the material.

(6) An order under sub-paragraph (1)(b) may not be made except in the circumstancesspecified in sub-paragraphs (4) and (5).




20 (1) The Secretary of State may exercise the power to make an order under paragraph 5in relation to any person in Northern Ireland who is specified in the order.

(2) An order shall not be made by virtue of this paragraph unless it appears to theSecretary of State that the information which it would be necessary to provide to acounty court judge in support of an application for an order under paragraph 5 would,if disclosed—

(a) be likely to place any person in danger, or(b) be likely to prejudice the capability of members of the Royal Ulster

Constabulary to investigate an offence under any of sections 15 to 18 orunder section 56.

(3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtueof this paragraph with the following modifications—

(a) references to a county court judge shall be taken as references to theSecretary of State,


105


(b) the references to “a terrorist investigation” in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission,preparation or instigation of an offence under any of sections 15 to 18 orunder section 56, and

(c) the references to “a terrorist investigation” in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph6(2)(a).

(4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtueof this paragraph.

(5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.

(6) A person commits an offence if he contravenes an order made by virtue of thisparagraph.



months, to a fine not exceeding the statutory maximum or to both.21 (1) The Secretary of State may by a written order require any person in Northern Ireland

who is specified in the order to provide an explanation of any material—(a) seized in pursuance of an order under paragraph 19, or(b) produced or made available to a constable in pursuance of an order made by

virtue of paragraph 20.

(2) The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under thisparagraph as they apply to an order under paragraph 13.

(3) The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraphas they apply to a notice under paragraph 16.

PART II

SCOTLAND

Order for production of material22 (1) The procurator fiscal may apply to the sheriff for an order under this paragraph for

the purposes of a terrorist investigation.

(2) An application for an order shall relate to particular material, or material of aparticular description.

(3) An order under this paragraph may require a specified person—(a) to produce to a constable within a specified period for seizure and retention

any material which he has in his possession, custody or power and to whichthe application relates;

(b) to give a constable access to any material of the kind mentioned inparagraph (a) within a specified period;



(c) to state to the best of his knowledge and belief the location of material towhich the application relates if it is not in, and it will not come into, hispossession, custody or power within the period specified under paragraph (a)or (b).

(4) For the purposes of this paragraph—(a) an order may specify a person only if he appears to the sheriff to have in his

possession, custody or power any of the material to which the applicationrelates, and

(b) a period specified in an order shall be the period of seven days beginningwith the date of the order unless it appears to the sheriff that a different periodwould be appropriate in the particular circumstances of the application.

(5) Where the sheriff makes an order under sub-paragraph (3)(b) in relation to materialon any premises, he may, on the application of the procurator fiscal, order any personwho appears to the sheriff to be entitled to grant entry to the premises to allow anyconstable to enter the premises to obtain access to the material.

23 (1) The sheriff may grant an application under paragraph 22 if satisfied that theconditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.

(2) The first condition is that—(a) the order is sought for the purposes of a terrorist investigation, and(b) there are reasonable grounds for believing that the material is likely to be

of substantial value, whether by itself or together with other material, to aterrorist investigation.

(3) The second condition is that there are reasonable grounds for believing that it is inthe public interest that the material should be produced or that access to it should begiven having regard—

(a) to the benefit likely to accrue to a terrorist investigation if the material isobtained, and

(b) to the circumstances under which the person concerned has any of thematerial in his possession, custody or power.

24 (1) An order under paragraph 22 may be made in relation to a person who appears tothe sheriff to be likely to have any of the material to which the application relatesin his possession, custody or power within the period of 28 days beginning with thedate of the order.

(2) Where an order is made under paragraph 22 by virtue of this paragraph, paragraph22(3) shall apply with the following modifications—

(a) the order shall require the specified person to notify a named constable assoon as is reasonably practicable after any material to which the applicationrelates comes into his possession, custody or power,

(b) the reference in paragraph 22(3)(a) to material which the specified personhas in his possession, custody or power shall be taken as a reference to thematerial referred to in paragraph (a) above which comes into his possession,custody or power, and

(c) the reference in paragraph 22(3)(c) to the specified period shall be taken asa reference to the period of 28 days beginning with the date of the order.

(3) Where an order is made under paragraph 22 by virtue of this paragraph, paragraph22(4) shall not apply and the order—


107


(a) may only specify a person falling within sub-paragraph (1), and(b) shall specify the period of seven days beginning with the date of notification

required under sub-paragraph (2)(a) unless it appears to the sheriff that adifferent period would be appropriate in the particular circumstances of theapplication.

25 (1) Subject to paragraph 33(1), an order under paragraph 22 shall have effectnotwithstanding any obligation as to secrecy or other restriction on the disclosure ofthe information imposed by statute or otherwise.

(2) Where the material to which an application under paragraph 22 relates consists ofinformation contained in a computer—

(a) an order under paragraph 22(3)(a) shall have effect as an order to producethe material in a form in which it can be taken away and in which it is visibleand legible, and

(b) an order under paragraph 22(3)(b) shall have effect as an order to give accessto the material in a form in which it is visible and legible.

26 (1) An order under paragraph 22 may be made in relation to material in the possession,custody or power of a government department.

(2) Where an order is made by virtue of sub-paragraph (1)—(a) it shall be served as if the proceedings were civil proceedings against the

department, and(b) it may require any officer of the department, whether named in the order or

not, who may for the time being have in his possession, custody or powerthe material concerned, to comply with it.

(3) In this paragraph “government department” means a public department withinthe meaning of the Crown Suits Scotland Act 1857 and any part of the ScottishAdministration.

27 (1) Provision may be made by Act of Adjournal as to—(a) the recall and variation of orders under paragraph 22; and(b) proceedings relating to such orders.

(2) The following provisions shall have effect pending the coming into force of an Actof Adjournal under sub-paragraph (1)—

(a) an order under paragraph 22 may be recalled or varied by the sheriff on awritten application made to him by any person subject to the order;

(b) unless the sheriff otherwise directs on grounds of urgency, the applicantshall, not less than 48 hours before making the application, send a copy of itand a notice in writing of the time and place where the application is to bemade to the procurator fiscal on whose application the order was made.

Searches28 (1) The procurator fiscal may apply to the sheriff to grant a warrant under this paragraph

for the purposes of a terrorist investigation.

(2) A warrant under this paragraph shall authorise any constable—(a) to enter the premises specified in the warrant,(b) to search the premises and any person found there, and



(c) to seize and retain any relevant material which is found on a search underparagraph (b).

(3) For the purpose of sub-paragraph (2)(c) material is relevant if the constable hasreasonable grounds for believing that it is likely to be of substantial value, whetherby itself or together with other material, to a terrorist investigation.

(4) The sheriff may grant an application under this paragraph if satisfied—(a) that the warrant is sought for the purposes of a terrorist investigation,(b) that there are reasonable grounds for believing that there is material on

premises specified in the application which is likely to be of substantial valueto a terrorist investigation, and

(c) that one of the conditions in paragraph 29 is satisfied.

(5) Where a warrant is granted in relation to non-residential premises, the entry andsearch must be within the period of 24 hours beginning with the time when thewarrant is granted.

(6) For the purpose of sub-paragraph (5) “non-residential premises” means any premisesother than those which the procurator fiscal has reasonable grounds for believing areused wholly or mainly as a dwelling.

(7) A warrant under this paragraph may authorise the persons named in the warrant toaccompany the constable who is executing it.

29 (1) The conditions referred to in paragraph 28(4)(c) are—(a) that an order made under paragraph 28 in relation to material on the premises

has not been complied with, or(b) that for any of the reasons mentioned in sub-paragraph (2) it would not be

appropriate to make such an order.

(2) The reasons are—(a) it is not practicable to communicate with any person entitled to produce the

material,(b) it is not practicable to communicate with any person entitled to grant access

to the material or entitled to grant entry to the premises on which the materialis situated, or

(c) the investigation for the purposes of which the application is made may beseriously prejudiced unless a constable can secure immediate access to thematerial.

Explanations30 (1) The procurator fiscal may apply to the sheriff for an order under this paragraph

requiring any person specified in the order to provide an explanation of anymaterial—

(a) seized in pursuance of a warrant under paragraph 28, or(b) produced or made available to a constable under paragraph 22.

(2) Without prejudice to paragraph 33(1), an order under this paragraph may require alawyer to provide the name and address of his client.

(3) A statement by a person in response to a requirement imposed by an order under thisparagraph may only be used in evidence against him—


109


(a) on a prosecution for an offence under section 2 of the False Oaths (Scotland)Act 1933, or

(b) on a prosecution for some other offence where in giving evidence he makesa statement inconsistent with it.

(4) Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply toorders under paragraph 22.

Urgent cases31 (1) A police officer of at least the rank of superintendent may by a written order signed

by him give to any constable the authority which may be given by a search warrantunder paragraph 28.

(2) An order shall not be made under this paragraph unless the officer has reasonablegrounds for believing—

(a) that the case is one of great emergency, and(b) that immediate action is necessary.

(3) Where an order is made under this paragraph particulars of the case shall be notifiedas soon as is reasonably practicable to the Secretary of State.

32 (1) If a police officer of at least the rank of superintendent has reasonable grounds forbelieving that the case is one of great emergency he may by a written notice signedby him require any person specified in the notice to provide an explanation of anymaterial seized in pursuance of an order under paragraph 22.

(2) Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under thisparagraph as they apply to an order under that paragraph.

(3) A person commits an offence if he fails to comply with a notice under this paragraph.


(5) A person guilty of an offence under sub-paragraph (3) is liable on summaryconviction to imprisonment for a term not exceeding six months, to a fine notexceeding level 5 on the standard scale or to both.

Supplementary33 (1) This Part of this Schedule is without prejudice to any rule of law whereby—

(a) communications between a professional legal adviser and his client, or(b) communications made in connection with or in contemplation of legal

proceedings and for the purposes of those proceedings,are in legal proceedings protected from disclosure on the ground of confidentiality.

(2) For the purpose of exercising any powers conferred on him under this Part of thisSchedule a constable may, if necessary, open lockfast places on premises specifiedin an order under paragraph 22, a warrant under paragraph 28 or a notice underparagraph 32.

(3) A search of a person under this Part of this Schedule may only be carried out by aperson of the same sex.

110 Terrorism Act 2000 (c. 11)SCHEDULE 6 – Financial Information



FINANCIAL INFORMATION

Orders1 (1) Where an order has been made under this paragraph in relation to a terrorist

investigation, a constable named in the order may require a financial institution toprovide customer information for the purposes of the investigation.

(2) The information shall be provided—(a) in such manner and within such time as the constable may specify, and(b) notwithstanding any restriction on the disclosure of information imposed by

statute or otherwise.

(3) An institution which fails to comply with a requirement under this paragraph shallbe guilty of an offence.

(4) It is a defence for an institution charged with an offence under sub-paragraph (3) toprove—

(a) that the information required was not in the institution’s possession, or(b) that it was not reasonably practicable for the institution to comply with the

requirement.

(5) An institution guilty of an offence under sub-paragraph (3) shall be liable onsummary conviction to a fine not exceeding level 5 on the standard scale.

Procedure2 An order under paragraph 1 may be made only on the application of—

(a) in England and Wales or Northern Ireland, a police officer of at least therank of superintendent, or

(b) in Scotland, the procurator fiscal.3 An order under paragraph 1 may be made only by—

(a) in England and Wales, a Circuit judge,(b) in Scotland, the sheriff, or(c) in Northern Ireland, a county court judge.

4 (1) Crown Court Rules may make provision about the procedure for an application underparagraph 1.

(2) The High Court of Justiciary may, by Act of Adjournal, make provision about theprocedure for an application under paragraph 1.

Criteria for making order5 An order under paragraph 1 may be made only if the person making it is satisfied

that—(a) the order is sought for the purposes of a terrorist investigation,(b) the tracing of terrorist property is desirable for the purposes of the

investigation, and(c) the order will enhance the effectiveness of the investigation.

Terrorism Act 2000 (c. 11)SCHEDULE 6 – Financial InformationDocument Generated: 2021-01-24

111


Financial institution6 (1) In this Schedule “financial institution” means—

(a) a person who carries on a business of taking deposits for which he isauthorised under the Banking Act 1987,

(b) a building society (within the meaning of the Building Societies Act 1986),(c) a credit union (within the meaning of the Credit Unions Act 1979 or the

Credit Unions (Northern Ireland) Order 1985),(d) a person carrying on investment business within the meaning of the Financial

Services Act 1986,(e) the National Savings Bank,(f) a person who carries out an activity for the purposes of raising money

authorised to be raised under the National Loans Act 1968 under the auspicesof the Director of National Savings,

(g) a European institution carrying on a home regulated activity (within themeaning of the Second Council Directive on the coordination of laws,regulations and administrative provisions relating to the taking up andpursuit of the business of credit institutions),

(h) a person carrying out an activity specified in any of points 1 to 12 and 14 ofthe Annex to that Directive, and

(i) a person who carries on an insurance business in accordance with anauthorisation pursuant to Article 6 or 27 of the First Council Directive onthe coordination of laws, regulations and administrative provisions relatingto the taking up and pursuit of the business of direct life assurance.

(2) The Secretary of State may by order provide for a class of person—(a) to be a financial institution for the purposes of this Schedule, or(b) to cease to be a financial institution for the purposes of this Schedule.

(3) An institution which ceases to be a financial institution for the purposes of thisSchedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continueto be treated as a financial institution for the purposes of any requirement underparagraph 1 to provide customer information which relates to a time when theinstitution was a financial institution.

Customer information7 (1) In this Schedule “customer information” means (subject to sub-paragraph (3))—

(a) information whether a business relationship exists or existed between afinancial institution and a particular person (“a customer”),

(b) a customer’s account number,(c) a customer’s full name,(d) a customer’s date of birth,(e) a customer’s address or former address,(f) the date on which a business relationship between a financial institution and

a customer begins or ends,(g) any evidence of a customer’s identity obtained by a financial institution

in pursuance of or for the purposes of any legislation relating to moneylaundering, and

(h) the identity of a person sharing an account with a customer.

112 Terrorism Act 2000 (c. 11)SCHEDULE 6 – Financial Information


(2) For the purposes of this Schedule there is a business relationship between a financialinstitution and a person if (and only if)—

(a) there is an arrangement between them designed to facilitate the carrying outof frequent or regular transactions between them, and

(b) the total amount of payments to be made in the course of the arrangementis neither known nor capable of being ascertained when the arrangement ismade.

(3) The Secretary of State may by order provide for a class of information—(a) to be customer information for the purposes of this Schedule, or(b) to cease to be customer information for the purposes of this Schedule.

Offence by body corporate, &c.8 (1) This paragraph applies where an offence under paragraph 1(3) is committed by an

institution and it is proved that the offence—(a) was committed with the consent or connivance of an officer of the institution,

or(b) was attributable to neglect on the part of an officer of the institution.

(2) The officer, as well as the institution, shall be guilty of the offence.

(3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of thisparagraph, he shall be liable on summary conviction to—


(4) In the case of an institution which is a body corporate, in this paragraph “officer”includes—

(a) a director, manager or secretary,(b) a person purporting to act as a director, manager or secretary, and(c) if the affairs of the body are managed by its members, a member.

(5) In the case of an institution which is a partnership, in this paragraph “officer” meansa partner.

(6) In the case of an institution which is an unincorporated association (other thana partnership), in this paragraph “officer” means a person concerned in themanagement or control of the association.

Self-incrimination9 (1) Customer information provided by a financial institution under this Schedule shall

not be admissible in evidence in criminal proceedings against the institution or anyof its officers or employees.

(2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence underparagraph 1(3) (including proceedings brought by virtue of paragraph 8).

Terrorism Act 2000 (c. 11)SCHEDULE 7 – Port and Border ControlsDocument Generated: 2021-01-24

113



PORT AND BORDER CONTROLS

Interpretation1 (1) In this Schedule “examining officer” means any of the following—

(a) a constable,(b) an immigration officer, and(c) a customs officer who is designated for the purpose of this Schedule by the

Secretary of State and the Commissioners of Customs and Excise.

(2) In this Schedule—“the border area” has the meaning given by paragraph 4,“captain” means master of a ship or commander of an aircraft,“port” includes an airport and a hoverport,“ship” includes a hovercraft, and“vehicle” includes a train.

(3) A place shall be treated as a port for the purposes of this Schedule in relation to aperson if an examining officer believes that the person—

(a) has gone there for the purpose of embarking on a ship or aircraft, or(b) has arrived there on disembarking from a ship or aircraft.

Power to stop, question and detain2 (1) An examining officer may question a person to whom this paragraph applies for the

purpose of determining whether he appears to be a person falling within section 40(1)(b).

(2) This paragraph applies to a person if—(a) he is at a port or in the border area, and(b) the examining officer believes that the person’s presence at the port or in

the area is connected with his entering or leaving Great Britain or NorthernIreland.

(3) This paragraph also applies to a person on a ship or aircraft which has arrived inGreat Britain or Northern Ireland.

(4) An examining officer may exercise his powers under this paragraph whether or nothe has grounds for suspecting that a person falls within section 40(1)(b).

3 An examining officer may question a person who is in the border area for thepurpose of determining whether his presence in the area is connected with hisentering or leaving Northern Ireland.

4 (1) A place in Northern Ireland is within the border area for the purposes of paragraphs2 and 3 if it is no more than one mile from the border between Northern Ireland andthe Republic of Ireland.

(2) If a train goes from the Republic of Ireland to Northern Ireland, the first place inNorthern Ireland at which it stops for the purpose of allowing passengers to leave iswithin the border area for the purposes of paragraphs 2 and 3.

114 Terrorism Act 2000 (c. 11)SCHEDULE 7 – Port and Border Controls


5 A person who is questioned under paragraph 2 or 3 must—(a) give the examining officer any information in his possession which the

officer requests;(b) give the examining officer on request either a valid passport which includes

a photograph or another document which establishes his identity;(c) declare whether he has with him documents of a kind specified by the

examining officer;(d) give the examining officer on request any document which he has with him

and which is of a kind specified by the officer.6 (1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer

may—(a) stop a person or vehicle;(b) detain a person.

(2) For the purpose of detaining a person under this paragraph, an examining officer mayauthorise the person’s removal from a ship, aircraft or vehicle.

(3) Where a person is detained under this paragraph the provisions of Part I of Schedule 8(treatment) shall apply.

(4) A person detained under this paragraph shall (unless detained under any other power)be released not later than the end of the period of nine hours beginning with the timewhen his examination begins.

Searches7 For the purpose of satisfying himself whether there are any persons whom he may

wish to question under paragraph 2 an examining officer may—(a) search a ship or aircraft;(b) search anything on a ship or aircraft;(c) search anything which he reasonably believes has been, or is about to be,

on a ship or aircraft.8 (1) An examining officer who questions a person under paragraph 2 may, for the purpose

of determining whether he falls within section 40(1)(b)—(a) search the person;(b) search anything which he has with him, or which belongs to him, and which

is on a ship or aircraft;(c) search anything which he has with him, or which belongs to him, and which

the examining officer reasonably believes has been, or is about to be, on aship or aircraft;

(d) search a ship or aircraft for anything falling within paragraph (b).

(2) Where an examining officer questions a person in the border area under paragraph 2he may (in addition to the matters specified in sub-paragraph (1)), for the purpose ofdetermining whether the person falls within section 40(1)(b)—

(a) search a vehicle;(b) search anything in or on a vehicle;(c) search anything which he reasonably believes has been, or is about to be,

in or on a vehicle.


115


(3) A search of a person under this paragraph must be carried out by someone of thesame sex.

9 (1) An examining officer may examine goods to which this paragraph applies for thepurpose of determining whether they have been used in the commission, preparationor instigation of acts of terrorism.

(2) This paragraph applies to goods which have arrived in or are about to leave GreatBritain or Northern Ireland on a ship, aircraft or vehicle.

(3) In this paragraph “goods” includes—(a) property of any description, and(b) containers.

(4) An examining officer may board a ship or aircraft or enter a vehicle for the purposeof determining whether to exercise his power under this paragraph.

10 (1) An examining officer may authorise a person to carry out on his behalf a search orexamination under any of paragraphs 7 to 9.

(2) A person authorised under this paragraph shall be treated as an examining officerfor the purposes of—

(a) paragraphs 9(4) and 11 of this Schedule, and(b) paragraphs 2 and 3 of Schedule 14.

Detention of property11 (1) This paragraph applies to anything which—

(a) is given to an examining officer in accordance with paragraph 5(d),(b) is searched or found on a search under paragraph 8, or(c) is examined under paragraph 9.

(2) An examining officer may detain the thing—(a) for the purpose of examination, for a period not exceeding seven days

beginning with the day on which the detention commences,(b) while he believes that it may be needed for use as evidence in criminal

proceedings, or(c) while he believes that it may be needed in connection with a decision

by the Secretary of State whether to make a deportation order under theImmigration Act 1971.

Designated ports12 (1) This paragraph applies to a journey—

(a) to Great Britain from the Republic of Ireland, Northern Ireland or any of theIslands,

(b) from Great Britain to any of those places,(c) to Northern Ireland from Great Britain, the Republic of Ireland or any of the

Islands, or(d) from Northern Ireland to any of those places.

(2) Where a ship or aircraft is employed to carry passengers for reward on a journey towhich this paragraph applies the owners or agents of the ship or aircraft shall not



arrange for it to call at a port in Great Britain or Northern Ireland for the purpose ofdisembarking or embarking passengers unless—

(a) the port is a designated port, or(b) an examining officer approves the arrangement.

(3) Where an aircraft is employed on a journey to which this paragraph applies otherwisethan to carry passengers for reward, the captain of the aircraft shall not permit it tocall at or leave a port in Great Britain or Northern Ireland unless—

(a) the port is a designated port, or(b) he gives at least 12 hours' notice in writing to a constable for the police area

in which the port is situated (or, where the port is in Northern Ireland, to amember of the Royal Ulster Constabulary).

(4) A designated port is a port which appears in the Table at the end of this Schedule.

(5) The Secretary of State may by order—(a) add an entry to the Table;(b) remove an entry from the Table.

Embarkation and disembarkation13 (1) The Secretary of State may by notice in writing to the owners or agents of ships or

aircraft—(a) designate control areas in any port in the United Kingdom;(b) specify conditions for or restrictions on the embarkation or disembarkation

of passengers in a control area.

(2) Where owners or agents of a ship or aircraft receive notice under sub-paragraph (1)in relation to a port they shall take all reasonable steps to ensure, in respect of theship or aircraft—

(a) that passengers do not embark or disembark at the port outside a controlarea, and

(b) that any specified conditions are met and any specified restrictions arecomplied with.

14 (1) The Secretary of State may by notice in writing to persons concerned with themanagement of a port in the United Kingdom (“the port managers”)—

(a) designate control areas in the port;(b) require the port managers to provide at their own expense specified facilities

in a control area for the purposes of the embarkation or disembarkation ofpassengers or their examination under this Schedule;

(c) require conditions to be met and restrictions to be complied with in relationto the embarkation or disembarkation of passengers in a control area;

(d) require the port managers to display, in specified locations in controlareas, notices containing specified information about the provisions of thisSchedule in such form as may be specified.

(2) Where port managers receive notice under sub-paragraph (1) they shall take allreasonable steps to comply with any requirement set out in the notice.

15 (1) This paragraph applies to a ship employed to carry passengers for reward, or anaircraft, which—


117


(a) arrives in Great Britain from the Republic of Ireland, Northern Ireland orany of the Islands,

(b) arrives in Northern Ireland from Great Britain, the Republic of Ireland orany of the Islands,

(c) leaves Great Britain for the Republic of Ireland, Northern Ireland or any ofthe Islands, or

(d) leaves Northern Ireland for Great Britain, the Republic of Ireland or any ofthe Islands.

(2) The captain shall ensure—(a) that passengers and members of the crew do not disembark at a port in

Great Britain or Northern Ireland unless either they have been examined byan examining officer or they disembark in accordance with arrangementsapproved by an examining officer;

(b) that passengers and members of the crew do not embark at a port inGreat Britain or Northern Ireland except in accordance with arrangementsapproved by an examining officer;

(c) where a person is to be examined under this Schedule on board the ship oraircraft, that he is presented for examination in an orderly manner.

(3) Where paragraph 27 of Schedule 2 to the Immigration Act 1971 (disembarkationrequirements on arrival in the United Kingdom) applies, the requirements of sub-paragraph (2)(a) above are in addition to the requirements of paragraph 27 of thatSchedule.

Carding16 (1) The Secretary of State may by order make provision requiring a person to whom

this paragraph applies, if required to do so by an examining officer, to complete andproduce to the officer a card containing such information in such form as the ordermay specify.

(2) An order under this paragraph may require the owners or agents of a ship or aircraftemployed to carry passengers for reward to supply their passengers with cards in theform required by virtue of sub-paragraph (1).

(3) This paragraph applies to a person—(a) who disembarks in Great Britain from a ship or aircraft which has come from

the Republic of Ireland, Northern Ireland or any of the Islands,(b) who disembarks in Northern Ireland from a ship or aircraft which has come

from Great Britain, the Republic of Ireland, or any of the Islands,(c) who embarks in Great Britain on a ship or aircraft which is going to the

Republic of Ireland, Northern Ireland or any of the Islands, or(d) who embarks in Northern Ireland on a ship or aircraft which is going to Great

Britain, the Republic of Ireland, or any of the Islands.

Provision of passenger information17 (1) This paragraph applies to a ship or aircraft which—

(a) arrives or is expected to arrive in Great Britain from the Republic of Ireland,Northern Ireland or any of the Islands, or



(b) arrives or is expected to arrive in Northern Ireland from Great Britain, theRepublic of Ireland or any of the Islands.

(2) If an examining officer gives the owners or agents of a ship or aircraft to which thisparagraph applies a written request to provide specified information, the owners oragents shall comply with the request as soon as is reasonably practicable.

(3) A request to an owner or agent may relate—(a) to a particular ship or aircraft,(b) to all ships or aircraft of the owner or agent to which this paragraph applies,

or(c) to specified ships or aircraft.

(4) Information may be specified in a request only if it is of a kind which is prescribedby order of the Secretary of State and which relates—

(a) to passengers,(b) to crew, or(c) to vehicles belonging to passengers or crew.

(5) A passenger or member of the crew on a ship or aircraft shall give the captain anyinformation required for the purpose of enabling the owners or agents to comply witha request under this paragraph.

(6) Sub-paragraphs (2) and (5) shall not require the provision of information which isrequired to be provided under or by virtue of paragraph 27(2) or 27B of Schedule 2to the Immigration Act 1971.

Offences18 (1) A person commits an offence if he—

(a) wilfully fails to comply with a duty imposed under or by virtue of thisSchedule,

(b) wilfully contravenes a prohibition imposed under or by virtue of thisSchedule, or

(c) wilfully obstructs, or seeks to frustrate, a search or examination under or byvirtue of this Schedule.

(2) A person guilty of an offence under this paragraph shall be liable on summaryconviction to—


TABLE

DESIGNATED PORTS

Great BritainSeaports Airports

Ardrossan AberdeenCairnryan Biggin Hill


119


Seaports Airports

Campbeltown BirminghamFishguard BlackpoolFleetwood Bournemouth (Hurn)Heysham BristolHolyhead CambridgePembroke Dock CardiffPlymouth CarlislePoole Harbour CoventryPort of Liverpool East MidlandsPortsmouth Continental Ferry Port EdinburghSouthampton ExeterStranraer GlasgowSwansea Gloucester/Cheltenham (Staverton)Torquay HumbersideTroon Leeds/BradfordWeymouth Liverpool London-City London-Gatwick London-Heathrow Luton Lydd Manchester Manston Newcastle Norwich Plymouth Prestwick Sheffield City Southampton Southend Stansted Teesside

120 Terrorism Act 2000 (c. 11)SCHEDULE 8 – Detention


Northern IrelandSeaports Airports

Ballycastle Belfast CityBelfast Belfast InternationalLarne City of DerryPort of Londonderry Warrenpoint

SCHEDULE 8 Section 41 and Schedule 7, para. 6.

DETENTION

PART I

TREATMENT OF PERSONS DETAINED UNDER SECTION 41 OR SCHEDULE 7

Place of detention1 (1) The Secretary of State shall designate places at which persons may be detained under

Schedule 7 or section 41.

(2) In this Schedule a reference to a police station includes a reference to any place whichthe Secretary of State has designated under sub-paragraph (1) as a place where aperson may be detained under section 41.

(3) Where a person is detained under Schedule 7, he may be taken in the custody of anexamining officer or of a person acting under an examining officer’s authority to andfrom any place where his attendance is required for the purpose of—

(a) his examination under that Schedule,(b) establishing his nationality or citizenship, or(c) making arrangements for his admission to a country or territory outside the

United Kingdom.

(4) A constable who arrests a person under section 41 shall take him as soon as isreasonably practicable to the police station which the constable considers the mostappropriate.

(5) In this paragraph “examining officer” has the meaning given in Schedule 7.

(6) Where a person is arrested in one Part of the United Kingdom and all or part of hisdetention takes place in another Part, the provisions of this Schedule which apply todetention in a particular Part of the United Kingdom apply in relation to him whilehe is detained in that Part.

Identification2 (1) An authorised person may take any steps which are reasonably necessary for—

Terrorism Act 2000 (c. 11)SCHEDULE 8 – DetentionDocument Generated: 2021-01-24

121


(a) photographing the detained person,(b) measuring him, or(c) identifying him.

(2) In sub-paragraph (1) “authorised person” means any of the following—(a) a constable,(b) a prison officer,(c) a person authorised by the Secretary of State, and(d) in the case of a person detained under Schedule 7, an examining officer

(within the meaning of that Schedule).

(3) This paragraph does not confer the power to take—(a) fingerprints, non-intimate samples or intimate samples (within the meaning

given by paragraph 15 below), or(b) relevant physical data or samples as mentioned in section 18 of the Criminal

Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

Audio and video recording of interviews3 (1) The Secretary of State shall—

(a) issue a code of practice about the audio recording of interviews to which thisparagraph applies, and

(b) make an order requiring the audio recording of interviews to which thisparagraph applies in accordance with any relevant code of practice underparagraph (a).

(2) The Secretary of State may make an order requiring the video recording of—(a) interviews to which this paragraph applies;(b) interviews to which this paragraph applies which take place in a particular

Part of the United Kingdom.

(3) An order under sub-paragraph (2) shall specify whether the video recording whichit requires is to be silent or with sound.

(4) Where an order is made under sub-paragraph (2)—(a) the Secretary of State shall issue a code of practice about the video recording

of interviews to which the order applies, and(b) the order shall require the interviews to be video recorded in accordance with

any relevant code of practice under paragraph (a).

(5) Where the Secretary of State has made an order under sub-paragraph (2) requiringcertain interviews to be video recorded with sound—

(a) he need not make an order under sub-paragraph (1)(b) in relation to thoseinterviews, but

(b) he may do so.

(6) This paragraph applies to any interview by a constable of a person detained underSchedule 7 or section 41 if the interview takes place in a police station.

(7) A code of practice under this paragraph—(a) may make provision in relation to a particular Part of the United Kingdom;(b) may make different provision for different Parts of the United Kingdom.



4 (1) This paragraph applies to a code of practice under paragraph 3.

(2) Where the Secretary of State proposes to issue a code of practice he shall—(a) publish a draft,(b) consider any representations made to him about the draft, and(c) if he thinks it appropriate, modify the draft in the light of any representations

made to him.



(5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.

(6) The failure by a constable to observe a provision of a code shall not of itself makehim liable to criminal or civil proceedings.

(7) A code—(a) shall be admissible in evidence in criminal and civil proceedings, and(b) shall be taken into account by a court or tribunal in any case in which it

appears to the court or tribunal to be relevant.

Status5 A detained person shall be deemed to be in legal custody throughout the period of

his detention.

Rights: England, Wales and Northern Ireland6 (1) Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police

station in England, Wales or Northern Ireland shall be entitled, if he so requests, tohave one named person informed as soon as is reasonably practicable that he is beingdetained there.

(2) The person named must be—(a) a friend of the detained person,(b) a relative, or(c) a person who is known to the detained person or who is likely to take an

interest in his welfare.

(3) Where a detained person is transferred from one police station to another, he shallbe entitled to exercise the right under this paragraph in respect of the police stationto which he is transferred.

7 (1) Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41at a police station in England, Wales or Northern Ireland shall be entitled, if he sorequests, to consult a solicitor as soon as is reasonably practicable, privately and atany time.

(2) Where a request is made under sub-paragraph (1), the request and the time at whichit was made shall be recorded.


123


8 (1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent mayauthorise a delay—

(a) in informing the person named by a detained person under paragraph 6;(b) in permitting a detained person to consult a solicitor under paragraph 7.

(2) But where a person is detained under section 41 he must be permitted to exercisehis rights under paragraphs 6 and 7 before the end of the period mentioned insubsection (3) of that section.

(3) Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—

(a) in the case of an authorisation under sub-paragraph (1)(a), that informingthe named person of the detained person’s detention will have any of theconsequences specified in sub-paragraph (4), or

(b) in the case of an authorisation under sub-paragraph (1)(b), that the exerciseof the right under paragraph 7 at the time when the detained person desires toexercise it will have any of the consequences specified in sub-paragraph (4).

(4) Those consequences are—(a) interference with or harm to evidence of a serious arrestable offence,(b) interference with or physical injury to any person,(c) the alerting of persons who are suspected of having committed a serious

arrestable offence but who have not been arrested for it,(d) the hindering of the recovery of property obtained as a result of a serious

arrestable offence or in respect of which a forfeiture order could be madeunder section 23,

(e) interference with the gathering of information about the commission,preparation or instigation of acts of terrorism,

(f) the alerting of a person and thereby making it more difficult to prevent anact of terrorism, and

(g) the alerting of a person and thereby making it more difficult to secure aperson’s apprehension, prosecution or conviction in connection with thecommission, preparation or instigation of an act of terrorism.

(5) An officer may also give an authorisation under sub-paragraph (1) if he hasreasonable grounds for believing that—

(a) the detained person has committed an offence to which Part VI of theCriminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscationof the proceeds of an offence) applies,

(b) the detained person has benefited from the offence within the meaning ofthat Part or Order, and

(c) by informing the named person of the detained person’s detention (in the caseof an authorisation under sub-paragraph (1)(a)), or by the exercise of the rightunder paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered.

(6) If an authorisation under sub-paragraph (1) is given orally, the person giving it shallconfirm it in writing as soon as is reasonably practicable.

(7) Where an authorisation under sub-paragraph (1) is given—



(a) the detained person shall be told the reason for the delay as soon as isreasonably practicable, and

(b) the reason shall be recorded as soon as is reasonably practicable.

(8) Where the reason for authorising delay ceases to subsist there may be no furtherdelay in permitting the exercise of the right in the absence of a further authorisationunder sub-paragraph (1).

(9) In this paragraph “serious arrestable offence” has the meaning given by section 116of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) andby Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (inrelation to Northern Ireland); but it also includes—

(a) an offence under any of the provisions mentioned in section 40(1)(a) of thisAct, and

(b) an attempt or conspiracy to commit an offence under any of the provisionsmentioned in section 40(1)(a).

9 (1) A direction under this paragraph may provide that a detained person who wishes toexercise the right under paragraph 7 may consult a solicitor only in the sight andhearing of a qualified officer.

(2) A direction under this paragraph may be given—(a) where the person is detained at a police station in England or Wales, by an

officer of at least the rank of Commander or Assistant Chief Constable, or(b) where the person is detained at a police station in Northern Ireland, by an

officer of at least the rank of Assistant Chief Constable.

(3) A direction under this paragraph may be given only if the officer giving it hasreasonable grounds for believing that, unless the direction is given, the exercise of theright by the detained person will have any of the consequences specified in paragraph8(4) or the consequence specified in paragraph 8(5)(c).

(4) In this paragraph “a qualified officer” means a police officer who—(a) is of at least the rank of inspector,(b) is of the uniformed branch of the force of which the officer giving the

direction is a member, and(c) in the opinion of the officer giving the direction, has no connection with the

detained person’s case.

(5) A direction under this paragraph shall cease to have effect once the reason for givingit ceases to subsist.

10 (1) This paragraph applies where a person is detained in England, Wales or NorthernIreland under Schedule 7 or section 41.

(2) Fingerprints may be taken from the detained person only if they are taken by aconstable—

(a) with the appropriate consent given in writing, or(b) without that consent under sub-paragraph (4).

(3) A non-intimate sample may be taken from the detained person only if it is taken bya constable—

(a) with the appropriate consent given in writing, or(b) without that consent under sub-paragraph (4).


125


(4) Fingerprints or a non-intimate sample may be taken from the detained person withoutthe appropriate consent only if—

(a) he is detained at a police station and a police officer of at least the rank ofsuperintendent authorises the fingerprints or sample to be taken, or

(b) he has been convicted of a recordable offence and, where a non-intimatesample is to be taken, he was convicted of the offence on or after 10th April1995 (or 29th July 1996 where the non-intimate sample is to be taken inNorthern Ireland).

(5) An intimate sample may be taken from the detained person only if—(a) he is detained at a police station,(b) the appropriate consent is given in writing,(c) a police officer of at least the rank of superintendent authorises the sample

to be taken, and(d) subject to paragraph 13(2) and (3), the sample is taken by a constable.

(6) An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—(a) in the case of a person detained under section 41, the officer reasonably

suspects that the person has been involved in an offence under any ofthe provisions mentioned in section 40(1)(a), and the officer reasonablybelieves that the fingerprints or sample will tend to confirm or disprove hisinvolvement, or

(b) in any case, the officer is satisfied that the taking of the fingerprints or samplefrom the person is necessary in order to assist in determining whether hefalls within section 40(1)(b).

(7) If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the persongiving it shall confirm it in writing as soon as is reasonably practicable.

11 (1) Before fingerprints or a sample are taken from a person under paragraph 10, he shallbe informed—

(a) that the fingerprints or sample may be used for the purposes of paragraph14(4), section 63A(1) of the Police and Criminal Evidence Act 1984 andArticle 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order1989 (checking of fingerprints and samples), and

(b) where the fingerprints or sample are to be taken under paragraph 10(2)(a),(3)(a) or (4)(b), of the reason for taking the fingerprints or sample.

(2) Before fingerprints or a sample are taken from a person upon an authorisation givenunder paragraph 10(4)(a) or (5)(c), he shall be informed—

(a) that the authorisation has been given,(b) of the grounds upon which it has been given, and(c) where relevant, of the nature of the offence in which it is suspected that he

has been involved.

(3) After fingerprints or a sample are taken under paragraph 10, there shall be recordedas soon as is reasonably practicable any of the following which apply—

(a) the fact that the person has been informed in accordance with sub-paragraphs(1) and (2),

(b) the reason referred to in sub-paragraph (1)(b),(c) the authorisation given under paragraph 10(4)(a) or (5)(c),



(d) the grounds upon which that authorisation has been given, and(e) the fact that the appropriate consent has been given.

12 (1) This paragraph applies where—(a) two or more non-intimate samples suitable for the same means of analysis

have been taken from a person under paragraph 10,(b) those samples have proved insufficient, and(c) the person has been released from detention.

(2) An intimate sample may be taken from the person if—(a) the appropriate consent is given in writing,(b) a police officer of at least the rank of superintendent authorises the sample

to be taken, and(c) subject to paragraph 13(2) and (3), the sample is taken by a constable.

(3) Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimatesample under this paragraph; and a reference to a person detained under section 41shall be taken as a reference to a person who was detained under section 41 whenthe non-intimate samples mentioned in sub-paragraph (1)(a) were taken.

13 (1) Where appropriate written consent to the taking of an intimate sample from a personunder paragraph 10 or 12 is refused without good cause, in any proceedings againstthat person for an offence—

(a) the court, in determining whether to commit him for trial or whether thereis a case to answer, may draw such inferences from the refusal as appearproper, and

(b) the court or jury, in determining whether that person is guilty of the offencecharged, may draw such inferences from the refusal as appear proper.

(2) An intimate sample other than a sample of urine or a dental impression may be takenunder paragraph 10 or 12 only by a registered medical practitioner acting on theauthority of a constable.

(3) An intimate sample which is a dental impression may be taken under paragraph 10or 12 only by a registered dentist acting on the authority of a constable.

(4) Where a sample of hair other than pubic hair is to be taken under paragraph 10 thesample may be taken either by cutting hairs or by plucking hairs with their roots solong as no more are plucked than the person taking the sample reasonably considersto be necessary for a sufficient sample.

14 (1) This paragraph applies to—(a) fingerprints or samples taken under paragraph 10 or 12, and(b) information derived from those samples.

(2) The fingerprints, samples or information may be used only for the purpose of aterrorist investigation.

(3) In particular, a check may not be made against them under—(a) section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of

fingerprints and samples), or(b) Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order

1989 (checking of fingerprints and samples),except for the purpose of a terrorist investigation.


127


(4) The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—

(a) other fingerprints or samples taken under paragraph 10 or 12 or informationderived from those samples,

(b) relevant physical data or samples taken by virtue of paragraph 20,(c) any of the fingerprints, samples and information mentioned in

section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984(checking of fingerprints and samples),

(d) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order1989 (checking of fingerprints and samples), and

(e) fingerprints or samples taken under section 15(9) of, or paragraph 7(5) ofSchedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989or information derived from those samples.

(5) This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samplestaken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Preventionof Terrorism (Temporary Provisions) Act 1989 and information derived from thosesamples as it applies to fingerprints or samples taken under paragraph 10 or 12 andthe information derived from those samples.

15 (1) In the application of paragraphs 10 to 14 in relation to a person detained in Englandor Wales the following expressions shall have the meaning given by section 65 ofthe Police and Criminal Evidence Act 1984 (Part V definitions)—

(a) “appropriate consent”,(b) “fingerprints”,(c) “insufficient”,(d) “intimate sample”,(e) “non-intimate sample”,(f) “registered dentist”, and(g) “sufficient”.

(2) In the application of paragraphs 10 to 14 in relation to a person detained in NorthernIreland the expressions listed in sub-paragraph (1) shall have the meaning givenby Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989(definitions).

(3) In paragraph 10 “recordable offence” shall have—(a) in relation to a person detained in England or Wales, the meaning given

by section 118(1) of the Police and Criminal Evidence Act 1984 (generalinterpretation), and

(b) in relation to a person detained in Northern Ireland, the meaning given byArticle 2(2) of the Police and Criminal Evidence (Northern Ireland) Order1989 (definitions).

Rights: Scotland16 (1) A person detained under Schedule 7 or section 41 at a police station in Scotland shall

be entitled to have intimation of his detention and of the place where he is beingdetained sent without delay to a solicitor and to another person named by him.

(2) The person named must be—



(a) a friend of the detained person,(b) a relative, or(c) a person who is known to the detained person or who is likely to take an

interest in his welfare.

(3) Where a detained person is transferred from one police station to another, he shall beentitled to exercise the right under sub-paragraph (1) in respect of the police stationto which he is transferred.

(4) A police officer not below the rank of superintendent may authorise a delay in makingintimation where, in his view, the delay is necessary on one of the grounds mentionedin paragraph 17(3) or where paragraph 17(4) applies.

(5) Where a detained person requests that the intimation be made, there shall be recordedthe time when the request is—

(a) made, and(b) complied with.

(6) A person detained shall be entitled to consult a solicitor at any time, without delay.

(7) A police officer not below the rank of superintendent may authorise a delay inholding the consultation where, in his view, the delay is necessary on one of thegrounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.

(8) Subject to paragraph 17, the consultation shall be private.

(9) Where a person is detained under section 41 he must be permitted to exercise hisrights under this paragraph before the end of the period mentioned in subsection (3)of that section.

17 (1) An officer not below the rank of Assistant Chief Constable may direct that theconsultation mentioned in paragraph 16(6) shall be in the presence of a uniformedofficer not below the rank of inspector if it appears to the officer giving the directionto be necessary on one of the grounds mentioned in sub-paragraph (3).

(2) A uniformed officer directed to be present during a consultation shall be an officerwho, in the opinion of the officer giving the direction, has no connection with thecase.

(3) The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (1) are—(a) that it is in the interests of the investigation or prevention of crime;(b) that it is in the interests of the apprehension, prosecution or conviction of

offenders;(c) that it will further the recovery of property obtained as a result of the

commission of an offence or in respect of which a forfeiture order could bemade under section 23;

(d) that it will further the operation of Part VI of the Criminal Justice Act 1988,Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime(Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).

(4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) hasreasonable grounds for believing that—

(a) the detained person has committed an offence to which Part VI of theCriminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act


129


1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscationof the proceeds of an offence) applies,


(c) by informing the named person of the detained person’s detention (in thecase of an authorisation under paragraph 16(4)) or by the exercise of theentitlement under paragraph 16(6) (in the case of an authorisation underparagraph 16(7)) the recovery of the value of that benefit will be hindered.

(5) Where delay is authorised in the exercising of any of the rights mentioned inparagraph 16(1) and (6)—

(a) if the authorisation is given orally, the person giving it shall confirm it inwriting as soon as is reasonably practicable,

(b) the detained person shall be told the reason for the delay as soon as isreasonably practicable, and

(c) the reason shall be recorded as soon as is reasonably practicable.18 (1) Paragraphs 16 and 17 shall have effect, in relation to a person detained under

section 41 or Schedule 7, in place of any enactment or rule of law under or by virtueof which a person arrested or detained may be entitled to communicate or consultwith any other person.

(2) But, where a person detained under Schedule 7 or section 41 at a police station inScotland appears to a constable to be a child—

(a) the other person named by the person detained in pursuance of paragraph16(1) shall be that person’s parent, and

(b) section 15(4) of the Criminal Procedure (Scotland) Act 1995 shall apply tothe person detained as it applies to a person who appears to a constable to bea child who is being detained as mentioned in paragraph (b) of section 15(1)of that Act,

and in this sub-paragraph “child” and “parent” have the same meaning as insection 15(4) of that Act.

19 The Secretary of State shall, by order, make provision to require that—(a) except in such circumstances, and(b) subject to such conditions,

as may be specified in the order, where a person detained has been permitted toconsult a solicitor, the solicitor shall be allowed to be present at any interviewcarried out in connection with a terrorist investigation or for the purposes ofSchedule 7.

20 (1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 ofthe Criminal Procedure (Scotland) Act 1995 (procedure for taking certain printsand samples) shall apply to a person detained under Schedule 7 or section 41 at apolice station in Scotland as it applies to a person arrested or a person detained undersection 14 of that Act.

(2) For subsection (2) of section 18 there shall be substituted—

“(2) A constable may take from a detained person or require a detained person toprovide relevant physical data only if—

(a) in the case of a person detained under section 41 of the TerrorismAct 2000, he reasonably suspects that the person has been involved



in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physicaldata will tend to confirm or disprove his involvement, or

(b) in any case, he is satisfied that it is necessary in order to assist indetermining whether the person falls within section 40(1)(b) of thatAct.”

(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample takenin pursuance of section 18 as applied by this paragraph shall be retained only for thepurposes of terrorist investigations.

PART II

REVIEW OF DETENTION UNDER SECTION 41

Requirement21 (1) A person’s detention shall be periodically reviewed by a review officer.

(2) The first review shall be carried out as soon as is reasonably practicable after thetime of the person’s arrest.

(3) Subsequent reviews shall, subject to paragraph 22, be carried out at intervals of notmore than 12 hours.

(4) No review of a person’s detention shall be carried out after a warrant extending hisdetention has been issued under Part III.

Postponement22 (1) A review may be postponed if at the latest time at which it may be carried out in

accordance with paragraph 21—(a) the detained person is being questioned by a police officer and an officer

is satisfied that an interruption of the questioning to carry out the reviewwould prejudice the investigation in connection with which the person isbeing detained,

(b) no review officer is readily available, or(c) it is not practicable for any other reason to carry out the review.

(2) Where a review is postponed it shall be carried out as soon as is reasonablypracticable.

(3) For the purposes of ascertaining the time within which the next review is to be carriedout, a postponed review shall be deemed to have been carried out at the latest timeat which it could have been carried out in accordance with paragraph 21.

Grounds for continued detention23 (1) A review officer may authorise a person’s continued detention only if satisfied that

it is necessary—(a) to obtain relevant evidence whether by questioning him or otherwise,(b) to preserve relevant evidence,


131


(c) pending a decision whether to apply to the Secretary of State for adeportation notice to be served on the detained person,

(d) pending the making of an application to the Secretary of State for adeportation notice to be served on the detained person,

(e) pending consideration by the Secretary of State whether to serve adeportation notice on the detained person, or

(f) pending a decision whether the detained person should be charged with anoffence.

(2) The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection withwhich the person is detained is being conducted diligently and expeditiously.

(3) The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the completionof which detention is necessary is being conducted diligently and expeditiously.

(4) In sub-paragraph (1)(a) and (b) “relevant evidence” means evidence which—(a) relates to the commission by the detained person of an offence under any of

the provisions mentioned in section 40(1)(a), or(b) indicates that the detained person falls within section 40(1)(b).

(5) In sub-paragraph (1) “deportation notice” means notice of a decision to make adeportation order under the Immigration Act 1971.

Review officer24 (1) The review officer shall be an officer who has not been directly involved in the

investigation in connection with which the person is detained.

(2) In the case of a review carried out within the period of 24 hours beginning with thetime of arrest, the review officer shall be an officer of at least the rank of inspector.

(3) In the case of any other review, the review officer shall be an officer of at least therank of superintendent.

25 (1) This paragraph applies where—(a) the review officer is of a rank lower than superintendent,(b) an officer of higher rank than the review officer gives directions relating to

the detained person, and(c) those directions are at variance with the performance by the review officer

of a duty imposed on him under this Schedule.

(2) The review officer shall refer the matter at once to an officer of at least the rank ofsuperintendent.

Representations26 (1) Before determining whether to authorise a person’s continued detention, a review

officer shall give either of the following persons an opportunity to makerepresentations about the detention—

(a) the detained person, or(b) a solicitor representing him who is available at the time of the review.



(2) Representations may be oral or written.

(3) A review officer may refuse to hear oral representations from the detained personif he considers that he is unfit to make representations because of his condition orbehaviour.

Rights27 (1) Where a review officer authorises continued detention he shall inform the detained

person—(a) of any of his rights under paragraphs 6 and 7 which he has not yet exercised,

and(b) if the exercise of any of his rights under either of those paragraphs is being

delayed in accordance with the provisions of paragraph 8, of the fact that itis being so delayed.

(2) Where a review of a person’s detention is being carried out at a time when his exerciseof a right under either of those paragraphs is being delayed—

(a) the review officer shall consider whether the reason or reasons for which thedelay was authorised continue to subsist, and

(b) if in his opinion the reason or reasons have ceased to subsist, he shall informthe officer who authorised the delay of his opinion (unless he was thatofficer).

(3) In the application of this paragraph to Scotland, for the references to paragraphs 6,7 and 8 substitute references to paragraph 16.

(4) The following provisions (requirement to bring an accused person before the courtafter his arrest) shall not apply to a person detained under section 41—

(a) section 135(3) of the Criminal Procedure (Scotland) Act 1995, and(b) Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order

1998.

(5) Section 22(1) of the Criminal Procedure (Scotland) Act 1995 (interim liberationby officer in charge of police station) shall not apply to a person detained undersection 41.

Record28 (1) A review officer carrying out a review shall make a written record of the outcome of

the review and of any of the following which apply—(a) the grounds upon which continued detention is authorised,(b) the reason for postponement of the review,(c) the fact that the detained person has been informed as required under

paragraph 27(1),(d) the officer’s conclusion on the matter considered under paragraph 27(2)(a),(e) the fact that he has taken action under paragraph 27(2)(b), and(f) the fact that the detained person is being detained by virtue of section 41(5)

or (6).

(2) The review officer shall—(a) make the record in the presence of the detained person, and


133


(b) inform him at that time whether the review officer is authorising continueddetention, and if he is, of his grounds.

(3) Sub-paragraph (2) shall not apply where, at the time when the record is made, thedetained person is—

(a) incapable of understanding what is said to him,(b) violent or likely to become violent, or(c) in urgent need of medical attention.

PART III

EXTENSION OF DETENTION UNDER SECTION 41

Warrants of further detention29 (1) A police officer of at least the rank of superintendent may apply to a judicial authority

for the issue of a warrant of further detention under this Part.

(2) A warrant of further detention—(a) shall authorise the further detention under section 41 of a specified person

for a specified period, and(b) shall state the time at which it is issued.

(3) The specified period in relation to a person shall end not later than the end of theperiod of seven days beginning—

(a) with the time of his arrest under section 41, or(b) if he was being detained under Schedule 7 when he was arrested under

section 41, with the time when his examination under that Schedule began.

(4) In this Part “judicial authority” means—(a) in England and Wales, the Senior District Judge (Chief Magistrate) or his

deputy, or a District Judge (Magistrates' Courts) who is designated for thepurpose of this Part by the Lord Chancellor,

(b) in Scotland, the sheriff, and(c) in Northern Ireland, a county court judge, or a resident magistrate who is

designated for the purpose of this Part by the Lord Chancellor.

Time limit30 (1) An application for a warrant shall be made—

(a) during the period mentioned in section 41(3), or(b) within six hours of the end of that period.

(2) The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) shall dismiss the application if he considers that it would have been reasonablypracticable to make it during the period mentioned in section 41(3).

(3) For the purposes of this Schedule, an application for a warrant is made when writtenor oral notice of an intention to make the application is given to a judicial authority.



Notice31 An application for a warrant may not be heard unless the person to whom it relates

has been given a notice stating—(a) that the application has been made,(b) the time at which the application was made,(c) the time at which it is to be heard, and(d) the grounds upon which further detention is sought.

Grounds for extension32 (1) A judicial authority may issue a warrant of further detention only if satisfied that—

(a) there are reasonable grounds for believing that the further detention ofthe person to whom the application relates is necessary to obtain relevantevidence whether by questioning him or otherwise or to preserve relevantevidence, and

(b) the investigation in connection with which the person is detained is beingconducted diligently and expeditiously.

(2) In sub-paragraph (1) “relevant evidence” means, in relation to the person to whomthe application relates, evidence which—

(a) relates to his commission of an offence under any of the provisionsmentioned in section 40(1)(a), or

(b) indicates that he is a person falling within section 40(1)(b).

Representation33 (1) The person to whom an application relates shall—

(a) be given an opportunity to make oral or written representations to the judicialauthority about the application, and

(b) subject to sub-paragraph (3), be entitled to be legally represented at thehearing.

(2) A judicial authority shall adjourn the hearing of an application to enable the personto whom the application relates to obtain legal representation where—

(a) he is not legally represented,(b) he is entitled to be legally represented, and(c) he wishes to be so represented.

(3) A judicial authority may exclude any of the following persons from any part of thehearing—

(a) the person to whom the application relates;(b) anyone representing him.

Information34 (1) The officer who has made an application for a warrant may apply to the judicial

authority for an order that specified information upon which he intends to rely bewithheld from—

(a) the person to whom the application relates, and(b) anyone representing him.


135


(2) Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there arereasonable grounds for believing that if the information were disclosed—

(a) evidence of an offence under any of the provisions mentioned insection 40(1)(a) would be interfered with or harmed,

(b) the recovery of property obtained as a result of an offence under any of thoseprovisions would be hindered,

(c) the recovery of property in respect of which a forfeiture order could be madeunder section 23 would be hindered,

(d) the apprehension, prosecution or conviction of a person who is suspectedof falling within section 40(1)(a) or (b) would be made more difficult as aresult of his being alerted,

(e) the prevention of an act of terrorism would be made more difficult as a resultof a person being alerted,

(f) the gathering of information about the commission, preparation orinstigation of an act of terrorism would be interfered with, or

(g) a person would be interfered with or physically injured.

(3) A judicial authority may also make an order under sub-paragraph (1) in relationto specified information if satisfied that there are reasonable grounds for believingthat—

(a) the detained person has committed an offence to which Part VI of theCriminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscationof the proceeds of an offence) applies,


(c) the recovery of the value of that benefit would be hindered, if the informationwere disclosed.

(4) The judicial authority shall direct that the following be excluded from the hearing ofthe application under this paragraph—

(a) the person to whom the application for a warrant relates, and(b) anyone representing him.

Adjournments35 (1) A judicial authority may adjourn the hearing of an application for a warrant only

if the hearing is adjourned to a date before the expiry of the period mentioned insection 41(3).

(2) This paragraph shall not apply to an adjournment under paragraph 33(2).

Extensions of warrants36 (1) A police officer of at least the rank of superintendent may apply to a judicial authority

for the extension or further extension of the period specified in a warrant of furtherdetention.

(2) Where the period specified is extended, the warrant shall be endorsed with a notestating the new specified period.

136 Terrorism Act 2000 (c. 11)SCHEDULE 9 – Scheduled Offences


(3) The specified period shall end not later than the end of the period of seven daysbeginning—

(a) with the time of the person’s arrest under section 41, or(b) if he was being detained under Schedule 7 when he was arrested under

section 41, with the time when his examination under that Schedule began.

(4) Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph asthey apply to an application for a warrant of further detention.

(5) A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the periodspecified in the warrant.

(6) Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).

Detention - conditions37 A person detained by virtue of a warrant issued under this Part shall (unless

detained in accordance with section 41(5) or (6) or under any other power) bereleased immediately if the officer having custody of him becomes aware that anyof the grounds under paragraph 32(1)(a) and (b) upon which the judicial authorityauthorised his further detention have ceased to apply.


SCHEDULED OFFENCES

PART I

SUBSTANTIVE OFFENCES

Common law offences1 Murder subject to note 1 below.2 Manslaughter subject to note 1 below.3 Riot subject to note 1 below.4 Kidnapping subject to note 1 below.5 False imprisonment subject to note 1 below.

Malicious Damage Act 1861 (c. 97)6 Offences under section 35 of the Malicious Damage Act 1861 (interference with

railway) subject to note 1 below.

Offences against the Person Act 1861 (c. 100)7 Offences under the following provisions of the Offences against the Person Act

1861 subject to note 1 below—

http://www.legislation.gov.uk/id/ukpga/1861/97


Terrorism Act 2000 (c. 11)SCHEDULE 9 – Scheduled OffencesDocument Generated: 2021-01-24

137


(a) section 4 (offences relating to murder),(b) section 16 (threats to kill),(c) section 18 (wounding with intent to cause grievous bodily harm),(d) section 20 (causing grievous bodily harm),(e) section 29 (causing explosion or sending explosive substance or throwing

corrosive liquid with intent to cause grievous bodily harm), and(f) section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883 (c. 3)8 Offences under the following provisions of the Explosive Substances Act 1883

subject to note 1 below—(a) section 2 (causing explosion likely to endanger life or damage property),(b) section 3 (intending or conspiring to cause any such explosion, and making

or possessing explosive with intent to endanger life or cause seriousdamage to property), and

(c) section 4 (making or possessing explosives in suspicious circumstances).

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))9 Offences under the following provisions of the Prison Act (Northern Ireland) 1953

subject to note 1 below—(a) section 25 (being unlawfully at large while under sentence),(b) section 26 (escaping from lawful custody and failing to surrender to bail),(c) section 27 (attempting to break prison),(d) section 28 (breaking prison by force or violence),(e) section 29 (rescuing or assisting or permitting to escape from lawful

custody persons under sentence of death or life imprisonment),(f) section 30 (rescuing or assisting or permitting to escape from lawful

custody persons other than persons under sentence of death or lifeimprisonment),

(g) section 32 (causing discharge of prisoner under pretended authority), and(h) section 33 (assisting prisoners to escape by conveying things into prisons).

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))10 Offences under the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) subject to note 2 below,(b) section 8 (robbery) subject to notes 1 and 3 below,(c) section 9 (burglary) subject to note 2 below,(d) section 10 (aggravated burglary) subject to notes 1 and 3 below,(e) section 15 (obtaining property by deception) subject to note 2 below, and(f) section 20 (blackmail) subject to notes 1 and 2 below.

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))11 Offences under the following provisions of the Protection of the Person and

Property Act (Northern Ireland) 1969 subject to note 1 below—(a) section 1 (intimidation),


http://www.legislation.gov.uk/id/apni/1953/18





(b) section 2 (making or possessing petrol bomb, etc. in suspiciouscircumstances), and

(c) section 3 (throwing or using petrol bomb, etc.).

Hijacking12 Offences under section 1 of the Aviation Security Act 1982 (aircraft) subject to note

1 below.13 Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975

(vehicles or ships) subject to note 1 below.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))14 Offences under the following provisions of the Criminal Damage (Northern Ireland)

Order 1977 subject to note 1 below—(a) Article 3(1) and (3) or Article 3(2) and (3) (arson),(b) Article 3(2) (destroying or damaging property with intent to endanger life),(c) Article 4 (threats to destroy or damage property), and(d) Article 5 (possessing anything with intent to destroy or damage property).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))15 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland)

Order 1977 (bomb hoaxes) subject to note 1 below.

Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))16 Offences under the following provisions of the Firearms (Northern Ireland) Order

1981 subject to note 1 below—(a) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc,

firearm or ammunition without being registered),(b) Article 5 (shortening barrel of shot gun or converting imitation firearm into

firearm),(c) Article 6(1) (manufacturing, dealing in or possessing certain weapons,

etc.),(d) Article 17 (possessing firearm or ammunition with intent to endanger life

or cause serious damage to property),(e) Article 18 (use or attempted use of firearm or imitation firearm to prevent

arrest of self or another etc.),(f) Article 19 (carrying firearm or imitation firearm with intent to commit

indictable offence or prevent arrest of self or another),(g) Article 20 (carrying firearm, etc. in public place) subject to note 4 below,(h) Article 22 (possession of firearm or ammunition by person who has been

sentenced to imprisonment, etc. and sale of firearm or ammunition to sucha person), and

(i) Article 23 (possessing firearm or ammunition in suspicious circumstances).

Taking of Hostages Act 1982 (c. 28)17 Offences under the Taking of Hostages Act 1982 subject to note 1 below.

http://www.legislation.gov.uk/id/nisi/1977/426




Terrorism Act 2000 (c. 11)SCHEDULE 9 – Scheduled OffencesDocument Generated: 2021-01-24

139


Nuclear Material (Offences) Act 1983 (c. 18)18 Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences

involving nuclear material: preparatory acts and threats) subject to note 1 below.

Computer Misuse Act 1990 (c. 18)19 Offences under the following provisions of the Computer Misuse Act 1990 subject

to note 1 below—(a) section 1 (unauthorised access to computer material),(b) section 2 (unauthorised access with intent to commit further offence), and(c) section 3 (unauthorised modification).

Aviation and Maritime Security Act 1990 (c. 31)20 Offences under the following provisions of the Aviation and Maritime Security Act

1990 subject to note 1 below—(a) section 1 (endangering safety at aerodromes),(b) section 9 (hijacking of ships), and(c) section 10 (seizing or exercising control of fixed platforms).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)21 Offences under the following provisions of the Channel Tunnel (Security) Order

1994 subject to note 1 below—(a) Article 4 (hijacking of Channel Tunnel trains), and(b) Article 5 (seizing or exercising control of the tunnel system).

This Act22 Offences under the following provisions of this Act—

(a) section 11,(b) section 12,(c) section 13,(d) sections 15 to 19,(e) section 54,(f) section 56,(g) section 57,(h) section 58,(i) section 103,(j) paragraph 37 of Schedule 4,(k) Schedule 5,(l) paragraph 10 of Schedule 10 subject to note 1 below, and

(m) paragraphs 2 and 3 of Schedule 13 subject to note 1 below.

Notes1 Any offence specified in this Part of this Schedule which is stated to be subject to

this note is not a scheduled offence in any particular case in which the Attorney




http://www.legislation.gov.uk/id/uksi/1994/570



General for Northern Ireland certifies that it is not to be treated as a scheduledoffence.

2 An offence specified in paragraph 10(a), (c) or (e) is a scheduled offence only whereit is charged that the offence was committed in relation to or by means of nuclearmaterial within the meaning of the Nuclear Material (Offences) Act 1983; and theAttorney General for Northern Ireland shall not certify that the offence specifiedin paragraph 10(f) is not to be treated as a scheduled offence in a case where it ischarged that the offence was so committed.

3 An offence specified in paragraph 10(b) or (d) is a scheduled offence only whereit is charged—

(a) that an explosive, firearm, imitation firearm or weapon of offence was usedto commit the offence, or

(b) that the offence was committed in relation to or by means of nuclearmaterial within the meaning of the Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 havethe same meaning when used in this note.

4 The offence specified in paragraph 16(g) is a scheduled offence only where it ischarged that the offence relates to a weapon other than an air weapon.

PART II

INCHOATE AND RELATED OFFENCES

Each of the following offences, that is to say—(a) aiding, abetting, counselling, procuring or inciting the commission of an offence

specified in Part I of this Schedule (hereafter in this paragraph referred to as a“substantive offence”),

(b) attempting or conspiring to commit a substantive offence,(c) an offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 of doing

any act with intent to impede the arrest or prosecution of a person who has committeda substantive offence, and

(d) an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 offailing to give information to a constable which is likely to secure, or to be of materialassistance in securing, the apprehension, prosecution or conviction of a person for asubstantive offence,

shall be treated for the purposes of Part VII of this Act as if it were the substantive offence.

PART III

EXTRA-TERRITORIAL OFFENCES

Any extra-territorial offence as defined in section 1(3) of the Criminal Jurisdiction Act 1975.

Note

An extra-territorial offence is not a scheduled offence in any particular case in which theAttorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

Terrorism Act 2000 (c. 11)SCHEDULE 10 – Munitions and Transmitters: Search and SeizureDocument Generated: 2021-01-24

141



MUNITIONS AND TRANSMITTERS: SEARCH AND SEIZURE

Interpretation1 (1) In this Schedule “officer” means—

(a) a member of Her Majesty’s forces on duty, and(b) a constable.

(2) In this Schedule “authorised officer” means—(a) a member of Her Majesty’s forces who is on duty and is authorised by a

commissioned officer of those forces, and(b) a constable who is authorised by an officer of the Royal Ulster Constabulary

of at least the rank of inspector.

(3) In this Schedule—“munitions” means—

(a) explosives, firearms and ammunition, and(b) anything used or capable of being used in the manufacture of an

explosive, a firearm or ammunition,“scanning receiver” means apparatus (or a part of apparatus) for

wireless telegraphy designed or adapted for the purpose of automaticallymonitoring selected frequencies, or automatically scanning a selected rangeof frequencies, so as to enable transmissions on any of those frequencies tobe detected or intercepted,

“transmitter” means apparatus (or a part of apparatus) for wirelesstelegraphy designed or adapted for emission, as opposed to reception,

“wireless apparatus” means a scanning receiver or a transmitter, and“wireless telegraphy” has the same meaning as in section 19(1) of the

Wireless Telegraphy Act 1949.

Entering premises2 (1) An officer may enter and search any premises for the purpose of ascertaining—

(a) whether there are any munitions unlawfully on the premises, or(b) whether there is any wireless apparatus on the premises.

(2) An officer may not enter a dwelling under this paragraph unless he is an authorisedofficer and he reasonably suspects that the dwelling—

(a) unlawfully contains munitions, or(b) contains wireless apparatus.

3 If it is necessary for the purpose of carrying out a search under paragraph 2(including a search of a dwelling) an officer may be accompanied by other persons.

4 (1) If the officer carrying out a search of premises under paragraph 2 reasonably believesthat it is necessary in order to carry out the search or to prevent it from beingfrustrated, he may—

(a) require a person who is on the premises when the search begins, or whoenters during the search, to remain on the premises;

142 Terrorism Act 2000 (c. 11)SCHEDULE 10 – Munitions and Transmitters: Search and Seizure


(b) require a person mentioned in paragraph (a) to remain in a specified part ofthe premises;

(c) require a person mentioned in paragraph (a) to refrain from entering aspecified part of the premises;

(d) require a person mentioned in paragraph (a) to go from one specified partof the premises to another;

(e) require a person who is not a resident of the premises to refrain from enteringthem.

(2) A requirement imposed under this paragraph shall cease to have effect after theconclusion of the search in relation to which it was imposed.

(3) Subject to sub-paragraph (4), no requirement under this paragraph for the purposesof a search shall be imposed or have effect after the end of the period of four hoursbeginning with the time when the first (or only) requirement is imposed in relationto the search.

(4) An officer of the Royal Ulster Constabulary of at least the rank of superintendentmay extend the period mentioned in sub-paragraph (3) in relation to a search by afurther period of four hours if he reasonably believes that it is necessary to do so inorder to carry out the search or to prevent it from being frustrated.

(5) The power to extend a period conferred by sub-paragraph (4) may be exercised onlyonce in relation to a particular search.

5 Section 114(2) has effect for the purposes of this Schedule in relation to a memberof Her Majesty’s forces as it has effect in relation to a constable.

Stopping and searching persons6 (1) An officer may—

(a) stop a person in a public place, and(b) search him for the purpose of ascertaining whether he has munitions

unlawfully with him or wireless apparatus with him.

(2) An officer may search a person who—(a) is not in a public place, and(b) whom the officer reasonably suspects to have munitions unlawfully with him

or to have wireless apparatus with him.

(3) An officer may search a person entering or found in a dwelling entered underparagraph 2.

Seizure7 (1) This paragraph applies where an officer is empowered by virtue of any provision of

Part VII of this Act to search premises or a person.

(2) The officer may—(a) seize any munitions found in the course of the search (unless it appears to

him that the munitions are being, have been and will be used only lawfully),and

(b) retain and, if necessary, destroy them.

Terrorism Act 2000 (c. 11)SCHEDULE 10 – Munitions and Transmitters: Search and SeizureDocument Generated: 2021-01-24

143


(3) The officer may—(a) seize any wireless apparatus found in the course of the search (unless it

appears to him that the apparatus is being, has been and will be used onlylawfully), and

(b) retain it.

Records8 (1) Where an officer carries out a search of premises under this Schedule he shall, unless

it is not reasonably practicable, make a written record of the search.

(2) The record shall specify—(a) the address of the premises searched,(b) the date and time of the search,(c) any damage caused in the course of the search, and(d) anything seized in the course of the search.

(3) The record shall also include the name (if known) of any person appearing to theofficer to be the occupier of the premises searched; but—

(a) a person may not be detained in order to discover his name, and(b) if the officer does not know the name of a person appearing to him to be

the occupier of the premises searched, he shall include in the record a notedescribing him.

(4) The record shall identify the officer—(a) in the case of a constable, by reference to his police number, and(b) in the case of a member of Her Majesty’s forces, by reference to his service

number, rank and regiment.9 (1) Where an officer makes a record of a search in accordance with paragraph 8, he shall

supply a copy to any person appearing to him to be the occupier of the premisessearched.

(2) The copy shall be supplied immediately or as soon as is reasonably practicable.

Offence10 (1) A person commits an offence if he—

(a) knowingly fails to comply with a requirement imposed under paragraph 4, or(b) wilfully obstructs, or seeks to frustrate, a search of premises under this

Schedule.

(2) A person guilty of an offence under this paragraph shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding two


months, to a fine not exceeding the statutory maximum or to both.11 (1) A person commits an offence if he fails to stop when required to do so under

paragraph 6.

(2) A person guilty of an offence under this paragraph shall be liable on summaryconviction to a fine not exceeding level 5 on the standard scale.

144 Terrorism Act 2000 (c. 11)SCHEDULE 11 – Independent Assessor of Military Complaints Procedures in Northern Ireland



INDEPENDENT ASSESSOR OF MILITARY COMPLAINTS PROCEDURES IN NORTHERN IRELAND

Tenure1 (1) The Independent Assessor of Military Complaints Procedures in Northern Ireland

shall hold and vacate office in accordance with the terms of his appointment.

(2) The Independent Assessor shall be appointed for a term not exceeding three years(but may be reappointed).

(3) The Independent Assessor may at any time resign his office by written notice to theSecretary of State.

(4) The Secretary of State may remove the Independent Assessor from office—(a) if he has failed without reasonable excuse to carry out his duties for a

continuous period of six months or more,(b) if he has been convicted of a criminal offence,(c) if a bankruptcy order has been made against him, his estate has been

sequestrated or he has made a composition or arrangement with, or granteda trust deed for, his creditors, or

(d) if the Secretary of State is satisfied that he is otherwise unable or unfit toperform his functions.

Remuneration2 (1) The Secretary of State shall pay to the Independent Assessor—

(a) such remuneration, and(b) such allowances,

as the Secretary of State may determine.

(2) The Secretary of State may make payments to or in respect of the IndependentAssessor in connection with pensions and gratuities.

Staff3 (1) The Independent Assessor may appoint such number of employees, on such terms

and conditions, as he may determine with the approval of the Secretary of State.

(2) The Secretary of State may make payments to or in respect of persons appointedunder this paragraph.

Reports4 (1) The Independent Assessor shall send the Secretary of State an annual report on the

performance of his functions.

(2) Where the Secretary of State receives a report under sub-paragraph (1) he shall—(a) publish it, and(b) lay it before Parliament.

(3) The Independent Assessor may report to the Secretary of State on any matter whichcomes to his attention in the course of the performance of his functions.

Terrorism Act 2000 (c. 11)SCHEDULE 12 – CompensationDocument Generated: 2021-01-24

145


Disqualification5 In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (other disqualifying offices) the following entry shall be inserted at theappropriate place—

“Independent Assessor of Military Complaints Procedures in NorthernIreland.”


COMPENSATION

Right to compensation1 (1) This paragraph applies where under Part VII of this Act—

(a) real or personal property is taken, occupied, destroyed or damaged, or(b) any other act is done which interferes with private rights of property.

(2) Where this paragraph applies in respect of an act taken in relation to any property orrights the Secretary of State shall pay compensation to any person who—

(a) has an estate or interest in the property or is entitled to the rights, and(b) suffers loss or damage as a result of the act.

2 No compensation shall be payable unless an application is made to the Secretaryof State in such manner as he may specify.

Time limit3 (1) Subject to sub-paragraphs (2) and (3), an application for compensation in respect of

an act must be made within the period of 28 days beginning with the date of the act.

(2) The Secretary of State may, in response to a request made to him in writing, permitan application to be made—

(a) after the expiry of the period mentioned in sub-paragraph (1), and(b) within such longer period, starting from the date of the act and not exceeding

six months, as he may specify.

(3) Where the Secretary of State refuses a request under sub-paragraph (2)—(a) he shall serve a notice of refusal on the person who made the request,(b) that person may, within the period of six weeks beginning with the date of

service of the notice, appeal to the county court against the refusal, and(c) the county court may exercise the power of the Secretary of State under sub-

paragraph (2).

Determination4 Where the Secretary of State determines an application for compensation he shall

serve on the applicant a notice—(a) stating that he has decided to award compensation and specifying the

amount of the award, or

146 Terrorism Act 2000 (c. 11)SCHEDULE 12 – Compensation


(b) stating that he has decided to refuse the application.5 (1) An applicant may appeal to the county court against—

(a) the amount of compensation awarded, or(b) the refusal of compensation.

(2) An appeal must be brought within the period of six weeks beginning with the dateof service of the notice under paragraph 4.

6 (1) This paragraph applies where the Secretary of State considers that in the course ofan application for compensation the applicant—

(a) knowingly made a false or misleading statement,(b) made a statement which he did not believe to be true, or(c) knowingly failed to disclose a material fact.

(2) The Secretary of State may—(a) refuse to award compensation,(b) reduce the amount of compensation which he would otherwise have

awarded, or(c) withhold all or part of compensation which he has awarded.

7 Where the Secretary of State makes an award of compensation he may make apayment to the applicant in respect of all or part of the costs of the application.

Assignment of right8 (1) This paragraph applies where—

(a) a person has made an application for compensation, and(b) his right to compensation has passed to another person by virtue of an

assignment or the operation of law.

(2) The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) asthe applicant.

Offenders9 (1) This paragraph applies where a person has a right to compensation in respect of an

act and—(a) the act was done in connection with, or revealed evidence of the commission

of, a scheduled offence or a non-scheduled offence under this Act, and(b) proceedings for the offence are brought against the person.

(2) The person’s right to compensation shall not be enforceable while the proceedingshave not been concluded.

(3) If the person stands convicted of the offence he shall have no right to compensation.

Notices10 A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right

of appeal under paragraph 3(3)(b) or 5.11 (1) The Secretary of State may serve a notice under this Schedule on an individual—

(a) by delivering it to him,

Terrorism Act 2000 (c. 11)SCHEDULE 13 – Private Security ServicesDocument Generated: 2021-01-24

147


(b) by sending it by post addressed to him at his usual or last-known place ofresidence or business, or

(c) by leaving it for him there.

(2) The Secretary of State may serve a notice under this Schedule on a partnership—(a) by sending it by post to a partner, or to a person having the control or

management of the partnership business, at the principal office of thepartnership, or

(b) by addressing it to a partner or to a person mentioned in paragraph (a) andleaving it at that office.

(3) The Secretary of State may serve a notice under this Schedule on a body corporate—(a) by sending it by post to the secretary or clerk of the body at its registered

or principal office, or(b) by addressing it to the secretary or clerk of the body and leaving it at that

office.

(4) The Secretary of State may serve a notice under this Schedule on any person—(a) by delivering it to his solicitor,(b) by sending it by post to his solicitor at his solicitor’s office, or(c) by leaving it for his solicitor there.

Offences12 (1) A person commits an offence if he obtains compensation or increased compensation

for himself or another person by deception (within the meaning of section 15(4) ofthe Theft Act (Northern Ireland) 1969).

(2) A person commits an offence if for the purposes of obtaining compensation he—(a) knowingly makes a false or misleading statement,(b) makes a statement which he does not believe to be true, or(c) knowingly fails to disclose a material fact.

(3) A person guilty of an offence under this paragraph shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding five

years, to a fine or to both, or(b) on summary conviction, to imprisonment for a term not exceeding one year,


(4) Section 82 shall not apply in relation to an offence under this paragraph.


PRIVATE SECURITY SERVICES

Security services: interpretation1 In this Schedule “security services” means the services of one or more individuals

as security guards (whether or not provided together with other services relating tothe protection of property or persons).

148 Terrorism Act 2000 (c. 11)SCHEDULE 13 – Private Security Services


Unlicensed services: offences2 A person commits an offence if he provides or offers to provide security services

for reward unless he—(a) holds a licence under this Schedule, or(b) acts on behalf of someone who holds a licence under this Schedule.

3 (1) A person commits an offence if he publishes or causes to be published anadvertisement for the provision for reward of security services by a person who doesnot hold a licence under this Schedule.

(2) It is a defence for a person charged with an offence under this paragraph to prove—(a) that his business is publishing advertisements or arranging for their

publication,(b) that he received the advertisement for publication in the ordinary course of

business, and(c) that he reasonably believed that the person mentioned in the advertisement

as the provider of security services held a licence under this Schedule.4 (1) A person commits an offence if he pays money, in respect of the provision of security

services, to a person who—(a) does not hold a licence under this Schedule, and(b) is not acting on behalf of someone who holds a licence under this Schedule.

(2) It is a defence for a person charged with an offence under this paragraph to provethat he reasonably believed that the person to whom he paid the money—

(a) held a licence under this Schedule, or(b) was acting on behalf of someone who held a licence under this Schedule.

5 (1) A person guilty of an offence under paragraph 2 or 3 shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding five



(2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—(a) imprisonment for a term not exceeding six months,(b) a fine not exceeding level 5 on the standard scale, or(c) both.

Application for licence6 (1) An application for a licence under this Schedule shall be made to the Secretary of

State—(a) in such manner and form as he may specify, and(b) accompanied by such information as he may specify.

(2) The Secretary of State may specify information only if it concerns—(a) the applicant,(b) a business involving the provision of security services for reward which is,

was or is proposed to be carried on by the applicant,(c) a person whom the applicant employs or proposes to employ as a security

guard,


149


(d) a partner or proposed partner of the applicant (where the applicant is anindividual),

(e) a member or proposed member of the applicant (where the applicant is apartnership),

(f) an officer or proposed officer of the applicant (where the applicant is a bodycorporate).

(3) A person commits an offence if in connection with an application for a licence he—(a) makes a statement which he knows to be false or misleading in a material

particular, or(b) recklessly makes a statement which is false or misleading in a material

particular.




(5) For the purposes of this paragraph—(a) a reference to employment or proposed employment by an applicant for

a licence shall, where the applicant is a partnership or a member ofa partnership, be construed as a reference to employment or proposedemployment by the partnership or any of the partners,

(b) “officer” includes a director, manager or secretary,(c) a person in accordance with whose directions or instructions the directors

of a body corporate are accustomed to act shall be treated as an officer ofthat body, and

(d) the reference to directions or instructions in paragraph (c) does not includea reference to advice given in a professional capacity.

Issue of licence7 (1) The Secretary of State shall grant an application for a licence unless satisfied that—

(a) an organisation within sub-paragraph (4) would be likely to benefit from thelicence (whether or not a condition were imposed under sub-paragraph (2)),

(b) that the applicant has persistently failed to comply with the requirements ofthis Schedule, or

(c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2).

(2) The Secretary of State may on granting a licence impose a condition if satisfied thatit is necessary in order to prevent an organisation within sub-paragraph (4) frombenefiting from the licence.

(3) If the Secretary of State refuses an application for a licence he shall notify theapplicant of the refusal.

(4) An organisation is within this sub-paragraph if—(a) it is a proscribed organisation, or(b) it appears to the Secretary of State to be closely associated with a proscribed

organisation.



(5) In this paragraph a reference to a benefit is a reference to any benefit—(a) whether direct or indirect, and(b) whether financial or not.

(6) In this paragraph a reference to the requirements of this Schedule includes a referenceto the requirements of—

(a) Part V of the Northern Ireland (Emergency Provisions) Act 1991 (privatesecurity services), and

(b) Part V of the Northern Ireland (Emergency Provisions) Act 1996 (privatesecurity services).

Duration of licence8 (1) A licence—

(a) shall come into force at the beginning of the day on which it is issued, and(b) subject to sub-paragraph (2), shall expire at the end of the period of 12

months beginning with that day.

(2) Where a licence is issued to a person who already holds a licence, the new licenceshall expire at the end of the period of 12 months beginning with the day after theday on which the current licence expires.

(3) The Secretary of State may by order substitute a period exceeding 12 months for theperiod for the time being specified in sub-paragraphs (1)(b) and (2).

Revocation of licence9 (1) The Secretary of State may revoke a licence if satisfied that—

(a) an organisation within paragraph 7(4) would be likely to benefit from thelicence remaining in force,

(b) the holder of the licence has persistently failed to comply with therequirements of this Schedule, or

(c) the holder of the licence has failed to comply with a condition imposed underparagraph 7(2).

(2) The Secretary of State shall not revoke a licence unless the holder—(a) has been notified of the Secretary of State’s intention to revoke the licence,

and(b) has been given a reasonable opportunity to make representations to the

Secretary of State.

(3) If the Secretary of State revokes a licence he shall notify the holder immediately.

(4) Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes of thisparagraph.

Appeal10 The applicant for a licence may appeal to the High Court if—

(a) the application is refused,(b) a condition is imposed on the grant of the licence, or(c) the licence is revoked.


151


11 (1) Where an appeal is brought under paragraph 10, the Secretary of State may issue acertificate that the decision to which the appeal relates—

(a) was taken for the purpose of preventing benefit from accruing to anorganisation which was proscribed or which appeared to the Secretary ofState to be closely associated with an organisation which was proscribed, and

(b) was justified by that purpose.

(2) If he intends to rely on a certificate under this paragraph, the Secretary of State shallnotify the appellant.

(3) Where the appellant is notified of the Secretary of State’s intention to rely on acertificate under this paragraph—

(a) he may appeal against the certificate to the Tribunal established undersection 91 of the Northern Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal,procedure, and further appeal) shall apply.

(4) Rules made under section 91 or 92 of that Act which are in force immediately beforethis paragraph comes into force shall have effect in relation to a certificate under thisparagraph—

(a) with any necessary modifications, and(b) subject to any later rules made by virtue of sub-paragraph (3)(b).

Change of personnel12 Paragraphs 13 and 14 apply to a person who—

(a) holds a licence, or(b) has made an application for a licence which has not yet been determined.

13 (1) If a person to whom this paragraph applies proposes to employ a security guard aboutwhom information was not given under paragraph 6, he shall give the Secretary ofState such information about the security guard as the Secretary of State may specify.

(2) The information shall be given not less than 14 days before the employment is tobegin.

(3) For the purposes of this paragraph the provisions of paragraph 6(5) shall have effectin relation to a holder of or an applicant for a licence as they have effect for thepurposes of paragraph 6 in relation to an applicant.

14 (1) A person to whom this paragraph applies shall give the Secretary of State suchinformation about a relevant change of personnel as the Secretary of State mayspecify.

(2) The information shall be given—(a) not less than 14 days before the change, or(b) if that is not reasonably practicable, as soon as is reasonably practicable.

(3) A relevant change of personnel is—(a) where the application for the licence was made by a partnership or a member

of a partnership, a change in the members of the partnership, and(b) where the application for the licence was made by a body corporate, a change

in the officers of the body (within the meaning of paragraph 6).



(4) But a change of personnel is not relevant if it was mentioned in the information givenunder paragraph 6.

15 (1) A person commits an offence if he fails to comply with paragraph 13 or 14.

(2) A person guilty of an offence under this paragraph shall be liable on summaryconviction to—


Records16 (1) A constable may—

(a) enter premises where a business involving the provision of security servicesis being carried on, and

(b) require records kept there of a person employed as a security guard to beproduced for the constable’s inspection.

(2) A constable exercising the power under this paragraph—(a) shall identify himself to a person appearing to be in charge of the premises,

and(b) if the constable is not in uniform, shall produce to that person documentary

evidence that he is a constable.

(3) A person commits an offence if he fails to comply with a requirement under thisparagraph.




17 (1) A person who provides security services for reward commits an offence if he makesor keeps a record of a person employed by him as a security guard which he knowsto be false or misleading in a material particular.

(2) A person guilty of an offence under this paragraph shall be liable—(a) on conviction on indictment, to imprisonment for a term not exceeding two



Offence: body corporate18 (1) This paragraph applies where an offence under this Schedule committed by a body

corporate is proved—(a) to have been committed with the consent or connivance of an officer of the

body corporate, or

Terrorism Act 2000 (c. 11)SCHEDULE 14 – Exercise of Officers' PowersDocument Generated: 2021-01-24

153


(b) to be attributable to neglect on the part of an officer of the body corporate.

(2) The officer, as well as the body corporate, shall be guilty of the offence.

(3) In this paragraph “officer” includes—(a) a director, manager or secretary,(b) a person purporting to act as a director, manager or secretary, and(c) a member of a body corporate the affairs of which are managed by its

members.

Notice19 (1) A notice under this Schedule shall be in writing.

(2) Information required to be given to the Secretary of State under this Schedule—(a) shall be in writing, and(b) may be sent to him by post.

(3) The Secretary of State may serve a notice under this Schedule on an individual—(a) by delivering it to him,(b) by sending it by post addressed to him at his usual or last-known place of

residence or business, or(c) by leaving it for him there.

(4) The Secretary of State may serve a notice under this Schedule on a partnership—(a) by sending it by post to a partner, or to a person having the control or

management of the partnership business, at the principal office of thepartnership, or

(b) by addressing it to a partner or to a person mentioned in paragraph (a) andleaving it at that office.

(5) The Secretary of State may serve a notice under this Schedule on a body corporate—(a) by sending it by post to the secretary or clerk of the body at its registered

or principal office, or(b) by addressing it to the secretary or clerk of the body and leaving it at that

office.

(6) The Secretary of State may serve a notice under this Schedule on any person—(a) by delivering it to his solicitor,(b) by sending it by post to his solicitor at his solicitor’s office, or(c) by leaving it for his solicitor there.

(7) Sub-paragraphs (3) to (6) do not apply in relation to a notice under paragraph 11.


EXERCISE OF OFFICERS' POWERS

General1 In this Schedule an “officer” means—

154 Terrorism Act 2000 (c. 11)SCHEDULE 14 – Exercise of Officers' Powers


(a) an authorised officer within the meaning given by section 24, and(b) an examining officer within the meaning of Schedule 7.

2 An officer may enter a vehicle (within the meaning of section 121) for the purposeof exercising any of the functions conferred on him by virtue of this Act.

3 An officer may if necessary use reasonable force for the purpose of exercising apower conferred on him by virtue of this Act (apart from paragraphs 2 and 3 ofSchedule 7).

Information4 (1) Information acquired by an officer may be supplied—

(a) to the Secretary of State for use in relation to immigration;(b) to the Commissioners of Customs and Excise or a customs officer;(c) to a constable;(d) to the Director General of the National Criminal Intelligence Service or of

the National Crime Squad;(e) to a person specified by order of the Secretary of State for use of a kind

specified in the order.

(2) Information acquired by a customs officer or an immigration officer may be suppliedto an examining officer within the meaning of Schedule 7.

Code of practice5 An officer shall perform functions conferred on him by virtue of this Act in

accordance with any relevant code of practice in operation under paragraph 6.6 (1) The Secretary of State shall issue codes of practice about the exercise by officers of

functions conferred on them by virtue of this Act.

(2) The failure by an officer to observe a provision of a code shall not of itself make himliable to criminal or civil proceedings.

(3) A code—(a) shall be admissible in evidence in criminal and civil proceedings, and(b) shall be taken into account by a court or tribunal in any case in which it

appears to the court or tribunal to be relevant.

(4) The Secretary of State may revise a code and issue the revised code.7 (1) Before issuing a code of practice the Secretary of State shall—

(a) publish a draft code,(b) consider any representations made to him about the draft, and(c) if he thinks it appropriate, modify the draft in the light of any representations

made to him.



(4) This paragraph has effect in relation to the issue of a revised code as it has effect inrelation to the first issue of a code.

Terrorism Act 2000 (c. 11)SCHEDULE 15 – Consequential AmendmentsDocument Generated: 2021-01-24

155



CONSEQUENTIAL AMENDMENTS

Criminal Justice Act 1967 (c. 80)1 (1) The Criminal Justice Act 1967 shall be amended as follows.

(2) In section 67(7)(b) (computation of sentences) for “section 14 of the Prevention ofTerrorism (Temporary Provisions) Act 1989” substitute “section 41 of the TerrorismAct 2000”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))2 (1) The Treatment of Offenders Act (Northern Ireland) 1968 shall be amended as

follows.

(2) In section 26(6)(b) (definition of police detention) for “section 14 of the Prevention ofTerrorism (Temporary Provisions) Act 1989” substitute “section 41 of the TerrorismAct 2000”.

Suppression of Terrorism Act 1978 (c. 26)3 (1) The Suppression of Terrorism Act 1978 shall be amended as follows.

(2) For paragraph 19A of Schedule 1 (list of offences) substitute—

“Financing terrorism19A An offence under any of sections 15 to 18 of the Terrorism Act 2000.”

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))4 (1) In Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

(proceedings for which legal aid may be given under Part II of that Order) at the endof Part I insert—

“8 Proceedings brought by an individual before the ProscribedOrganisations Appeal Commission.”

(2) The amendment made by sub-paragraph (1) is without prejudice to the power tomake regulations under Article 10(2) of the Legal Aid, Advice and Assistance(Northern Ireland) Order 1981 amending or revoking the provision inserted by thatsub-paragraph.

Police and Criminal Evidence Act 1984 (c. 60)5 (1) The Police and Criminal Evidence Act 1984 shall be amended as follows.

(2) For section 30(12)(c) (arrest elsewhere than at a police station) substitute—“(c) any provision of the Terrorism Act 2000.”

(3) In section 32(10) (search upon arrest) for “section 15(3), (4) and (5) of the Preventionof Terrorism (Temporary Provisions) Act 1989” substitute “section 43 of theTerrorism Act 2000”.






156 Terrorism Act 2000 (c. 11)SCHEDULE 15 – Consequential Amendments


(4) For section 51(b) (savings: Part IV) substitute—“(b) the powers conferred by virtue of section 41 of, or Schedule 7 to,

the Terrorism Act 2000 (powers of arrest and detention);”.

(5) For section 56(10) and (11) (application of right to have someone informed)substitute—

“(10) Nothing in this section applies to a person arrested or detained under theterrorism provisions.”

(6) For section 58(12) to (18) (application of right of access to legal advice) substitute—


(7) For section 61(9)(b) (fingerprinting: disapplication) substitute—“(b) applies to a person arrested or detained under the terrorism

provisions.”

(8) For section 62(12) (intimate samples: disapplication) substitute—

“(12) Nothing in this section applies to a person arrested or detained under theterrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph10 of Schedule 8 to the Terrorism Act 2000.”

(9) For section 63(10) (non-intimate samples: disapplication) substitute—


(10) In section 65 (interpretation) for the definitions of “the terrorism provisions” and“terrorism” substitute—

““the terrorism provisions” means section 41 of the Terrorism Act 2000,and any provision of Schedule 7 to that Act conferring a power ofdetention; and

“terrorism” has the meaning given in section 1 of that Act.”

(11) In section 116 (definition of serious arrestable offence for the purposes of sections56 and 58)—

(a) in subsection (3) for “subsections (4) and (5)” substitute “subsection (4)”,and

(b) subsection (5) shall cease to have effect.

(12) For section 118(2)(a) (definition of police detention) substitute—“(a) he has been taken to a police station after being arrested for an

offence or after being arrested under section 41 of the Terrorism Act2000, or.”

Criminal Justice Act 1988 (c. 33)6 (1) The Criminal Justice Act 1988 shall be amended as follows.



157


(2) In section 71(9)(c)(ii) (offences to which Part VI (confiscation) does not apply) for“or an offence under Part III of the Prevention of Terrorism (Temporary Provisions)Act 1989” substitute “or an offence under any of sections 15 to 18 of the TerrorismAct 2000”.

(3) For section 74(2)(d) and (e) (realisable property) substitute—“(d) an order under section 23 of the Terrorism Act 2000 (forfeiture

orders), or(e) an order under section 111 of the Terrorism Act 2000 (forfeiture

orders),”.

(4) In section 93E (application to Scotland of sections 93A to 93D)—(a) in the definition of offences to which Part VI of the Act applies, for “Part III

of the Prevention of Terrorism Act 1989” substitute “any of sections 15 to18 of the Terrorism Act 2000”, and

(b) in the definition of proceeds of criminal conduct, for paragraph (b)substitute—

“(b) terrorist property within the meaning of section 14 of theTerrorism Act 2000”.

Elected Authorities (Northern Ireland) Act 1989 (c. 3)7 (1) The Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows.

(2) In section 6(5) (breach of terms of declaration), in the definition of “proscribedorganisation” for “section 30 of the Northern Ireland (Emergency Provisions) Act1996” substitute “section 3 of the Terrorism Act 2000”.

(3) In Schedule 2 (declaration against terrorism) for “Schedule 2 to the Northern Ireland(Emergency Provisions) Act 1996” substitute “Schedule 2 to the Terrorism Act2000”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))8 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended

as follows.

(2) In Article 2(2) (interpretation) for the definitions of “the terrorism provisions” and“terrorism” substitute—

““the terrorism provisions” means section 41 of the Terrorism Act 2000,and any provision of Schedule 7 to that Act conferring a power ofdetention;

“terrorism” has the meaning given in section 1 of that Act.”

(3) In Article 2(3) (definition of police detention) for “section 14 of the Prevention ofTerrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 tothat Act by an examining officer who is a constable” substitute “section 41 of theTerrorism Act 2000”.

(4) For Article 4(3)(b) (provisions relating to powers to stop and search) substitute—“(b) sections 85, 95 and 116 of and Schedule 10 to the Terrorism Act

2000, and”.





(5) In Article 11(3) (special provisions as to access) for “section 17 of, and Schedule 7 to,the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “sections37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000”.

(6) In Article 30(3) (information to be given on arrest) for “section 19(2) of the NorthernIreland (Emergency Provisions) Act 1996” substitute “section 83(2) of the TerrorismAct 2000”.

(7) For Article 32(15)(b) (arrest elsewhere than at a police station) substitute—“(b) any provision of the Terrorism Act 2000.”

(8) In Article 34(10) (search upon arrest) for “section 15(3), (4) and (5) of the Preventionof Terrorism (Temporary Provisions) Act 1989” substitute “section 43 of theTerrorism Act 2000”.

(9) For Article 51(b) (savings: Part V) substitute—“(b) the powers conferred by virtue of section 41 of, or Schedule 7 to,

the Terrorism Act 2000 (powers of arrest and detention);”.

(10) In Article 60 (tape-recording of interviews), omit paragraph (2).

(11) For Article 61(9)(b) (fingerprinting: application) substitute—“(b) applies to a person arrested or detained under the terrorism

provisions”.

(12) For Article 62(12) (intimate samples: application) substitute—

“(12) Nothing in this Article applies to a person arrested or detained under theterrorism provisions; and paragraph (1A) shall not apply where the non-intimate samples mentioned in that paragraph were taken under paragraph10 of Schedule 8 to the Terrorism Act 2000.”

(13) For Article 63(11) (non-intimate samples: application) substitute—

“(11) Nothing in this Article applies to a person arrested or detained under theterrorism provisions”.

(14) In Article 66 (codes of practice), omit paragraph (12).

(15) In Article 74(9) (confessions) for “section 12 of the Northern Ireland (EmergencyProvisions) Act 1996” substitute “section 76 of the Terrorism Act 2000”.

(16) In Article 76(2)(b) (exclusion of unfair evidence) for “subsection (1) of section 12 ofthe Northern Ireland (Emergency Provisions) Act 1996” substitute “subsection (1)of section 76 of the Terrorism Act 2000”.

Criminal Justice and Public Order Act 1994 (c. 33)9 In section 139(11) of the Criminal Justice and Public Order Act 1994 (search powers

available on arrests under sections 136 and 137) for “section 15(3), (4) and (5)of the Prevention of Terrorism (Temporary Provisions) Act 1989” there shall besubstituted “section 43 of the Terrorism Act 2000”.

Drug Trafficking Act 1994 (c. 37)10 (1) The Drug Trafficking Act 1994 shall be amended as follows.




159


(2) In section 6(3) (realisable property)—(a) in paragraph (d) for “section 13(2), (3) or (4) of the Prevention of Terrorism

(Temporary Provisions) Act 1989” substitute “section 23 of the TerrorismAct 2000”, and

(b) for paragraph (f) there shall be substituted—“(f) section 111 of the Terrorism Act 2000 (forfeiture orders).”

Proceeds of Crime (Scotland) Act 1995 (c. 43)11 (1) The Proceeds of Crime (Scotland) Act 1995 shall be amended as follows.

(2) In subsection (2) of section 1 (offences to which Part I (confiscation) applies), for“Part III of the 1989 Act” substitute “any of sections 15 to 18 of the Terrorism Act2000”.

(3) In subsection (1)(c) of section 42 (reciprocal enforcement of orders), for “1989 Act”substitute “Terrorism Act 2000”.

(4) In subsection (1) of section 49 (interpretation), the definition of “the 1989 Act” shallcease to have effect.

Northern Ireland (Remission of Sentences) Act 1995 (c. 47)12 (1) The following shall be substituted for section 1(1) and (2) of the Northern Ireland

(Remission of Sentences) Act 1995 (release on licence of persons subject to restrictedremission)—

“1 (1) This section applies to persons serving sentences to which section 79 of theTerrorism Act 2000 applies (restricted remission for persons sentenced forscheduled offences).

(2) A person to whom this section applies shall be released on licence for theperiod (or, where that period has partly elapsed, for the remainder of theperiod) during which, by reason only of section 79, he is prevented frombeing discharged in pursuance of prison rules.”

(2) The following shall be substituted for section 1(6) of that Act—

“(6) Section 80 of the Terrorism Act 2000 and Part II of the Treatment ofOffenders (Northern Ireland) Order 1976 (conviction within certain periodafter discharge from prison, &c.) shall apply in relation to a person releasedon licence under this section as if he had been discharged in pursuance ofprison rules.”

Criminal Procedure and Investigations Act 1996 (c. 25)13 (1) The Criminal Procedure and Investigations Act 1996 shall, in its application to

Northern Ireland (as set out in Schedule 4 to that Act), be amended as follows.

(2) In section 14A(1) (public interest: review for scheduled offences) for “section 1 ofthe Northern Ireland (Emergency Provisions) Act 1996” substitute “section 65 of theTerrorism Act 2000”.






(3) In section 39(3)(a) (start of trial on indictment without a jury) for “section 11 of theNorthern Ireland (Emergency Provisions) Act 1996” substitute “section 75 of theTerrorism Act 2000”.

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))14 (1) The Proceeds of Crime (Northern Ireland) Order 1996 shall be amended as follows.

(2) In Article 2(4)(b) (offences to which Order does not apply) for “Part III of thePrevention of Terrorism (Temporary Provisions) Act 1989” substitute “any ofsections 15 to 18 of the Terrorism Act 2000”.

(3) In Article 5(3) (realisable property) for sub-paragraph (c) substitute—“(c) section 23 or 111 of the Terrorism Act 2000 (forfeiture orders).”

Northern Ireland Arms Decommissioning Act 1997 (c. 7)15 (1) This paragraph applies to a reference in paragraph 9 or 10 of the Schedule to the

Northern Ireland Arms Decommissioning Act 1997 (amnesty) to an offence under aprovision (“the old provision”) of—


(2) The reference shall be taken as a reference to an offence under this Act which iscommitted in circumstances which would have amounted to the commission of anoffence under the old provision before it ceased to have effect.

(3) Sub-paragraph (2) has effect for the purpose of the application of section 4(1) of theNorthern Ireland Arms Decommissioning Act 1997 (amnesty) in relation to anythingdone after the old provision ceases to have effect.

Northern Ireland (Sentences) Act 1998 (c. 35)16 (1) The Northern Ireland (Sentences) Act 1998 shall be amended as follows.

(2) In section 5 (fixed term prisoners: special cases)—(a) in subsection (2) for “section 16(2) of the Northern Ireland (Emergency

Provisions) Act 1996” substitute “section 80(2) of the Terrorism Act 2000”,(b) in subsection (3)(a) for “section 16(2) of the 1996 Act” substitute

“section 80(2) of the 2000 Act”,(c) in subsection (4) for “section 16(2) of the 1996 Act” substitute “section 80(2)

of the 2000 Act”, and(d) at the end of subsection (4)(b) insert “, and

(c) section 16(2) of the Northern Ireland (EmergencyProvisions) Act 1996.”

(3) For section 14(3)(a) (inadmissibility of evidence or information in certainproceedings) substitute—

“(a) be admissible in proceedings on applications made under paragraph1, 2, 5, 11, 13, 22, 28 or 30 of Schedule 5 to the Terrorism Act 2000.”





161


17 (1) This paragraph applies to a reference in section 14(2) of the Northern Ireland(Sentences) Act 1998 (inadmissibility of evidence or information in certainproceedings) to an offence under a provision (“the old provision”) of—


(2) The reference shall be taken as including a reference to an offence under this Actwhich is committed in circumstances which would have amounted to the commissionof an offence under the old provision before it ceased to have effect.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))18 (1) The Criminal Justice (Children) (Northern Ireland) Order 1998 shall be amended as

follows.

(2) In Article 12(4) (release on bail) for “section 3 of the Northern Ireland (EmergencyProvisions) Act 1996” substitute “section 67 of the Terrorism Act 2000”.

Access to Justice Act 1999 (c. 22)19 (1) In paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999 (Community Legal

Service: exceptions to excluded services) after paragraph (h) insert—

“or(i) the Proscribed Organisations Appeal Commission”.

(2) The amendment made by sub-paragraph (1) is without prejudice to the power tomake regulations under section 6(7) of the Access to Justice Act 1999 amending orrevoking the provision inserted by that sub-paragraph.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)20 (1) The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.

(2) In section 88(2)(b) (meaning of “remanded in custody”) for “section 14 of thePrevention of Terrorism (Temporary Provisions) Act 1989” substitute “section 41 ofthe Terrorism Act 2000”.

(3) In section 101(12)(b) (meaning of “remanded in custody”) for “section 14 of thePrevention of Terrorism (Temporary Provisions) Act 1989” substitute “section 41 ofthe Terrorism Act 2000”.




162 Terrorism Act 2000 (c. 11)SCHEDULE 16 – Repeals and Revocations



REPEALS AND REVOCATIONS

PART I

ACTS

Chapter Short title Extent of repeal

1980 c. 62. Criminal Justice (Scotland)Act 1980.

Sections 3A to 3D.

1984 c. 60. Police and Criminal EvidenceAct 1984.

Section 116(5).

1985 c. 73. Law Reform (MiscellaneousProvisions) (Scotland) Act1985.

Section 35.

1988 c. 33. Criminal Justice Act 1988. Section 74(2)(e).1989 c. 4. Prevention of Terrorism

(Temporary Provisions) Act1989.

The whole Act.

Sections 49 to 51.Section 78(11).In Schedule 4, paragraph 4.

1993 c. 36. Criminal Justice Act 1993.

In Schedule 5, paragraph 15.Sections 81 to 83.1994 c. 33. Criminal Justice and Public

Order Act 1994. In Schedule 10, paragraphs62 (other than sub-paragraph (4)(a) and (b)) and63.

1995 c. 40. Criminal Procedure(Consequential Provisions)(Scotland) Act 1995.

In Schedule 4, paragraph 72.

1995 c. 43. Proceeds of Crime (Scotland)Act 1995.

In section 49(1), thedefinition of “the 1989 Act”.

1996 c. 7. Prevention of Terrorism(Additional Powers) Act1996.

The whole Act.

1996 c. 22. Northern Ireland (EmergencyProvisions) Act 1996.

The whole Act.

1998 c. 9. Northern Ireland (EmergencyProvisions) Act 1998.

The whole Act.

1998 c. 40. Criminal Justice (Terrorismand Conspiracy) Act 1998.

Sections 1 to 4.














Terrorism Act 2000 (c. 11)SCHEDULE 16 – Repeals and RevocationsDocument Generated: 2021-01-24

163


Chapter Short title Extent of repeal

Part I of Schedule 1.Part I of Schedule 2.

1999 c. 22. Access to Justice Act 1999. In paragraph 2(1) ofSchedule 2, the word “or”after paragraph (f).

1999 c. 33. Immigration and Asylum Act1999.

In Schedule 14, paragraph 89.

PART II

ORDERS

Reference Title Extent of revocation

In Article 54(1) the words“Subject to paragraph (2)”.Article 54(2).Article 60(2).Article 66(12).In Schedule 2, the entryrelating to the Preventionof Terrorism (TemporaryProvisions) Act 1989.

S.I. 1989/1341 (N.I. 12). Police and Criminal Evidence(Northern Ireland) Order1989.

In Schedule 6, paragraph 18.S.I. 1989/2405 (N.I. 19). Insolvency (Northern Ireland)

Order 1989.In Schedule 9, paragraph 62.

Article 10(8).S.I. 1995/2993 (N.I. 17). Police (Amendment)(Northern Ireland) Order1995. Article 11(7).

S.I. 1998/1504 (N.I. 9). Criminal Justice (Children)(Northern Ireland) Order1998.

In Schedule 5, paragraphs 39,47 and 48.







Terrorism Act 2000each House of Parliament under section 123(5)(b)), (c) a person has been convicted...

Documents

Transcript of Terrorism Act 2000each House of Parliament under section 123(5)(b)), (c) a person has been convicted...